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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
CRIMINAL OFFENSES
(720 ILCS 570/) Illinois Controlled Substances Act. 720 ILCS 570/Art. I
(720 ILCS 570/Art. I heading)
ARTICLE I
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720 ILCS 570/100 (720 ILCS 570/100) (from Ch. 56 1/2, par. 1100) (Text of Section before amendment by P.A. 103-881) Sec. 100. Legislative intent. It is the intent of the General Assembly, recognizing the rising
incidence in the abuse of drugs and other dangerous substances and its
resultant damage to the peace, health, and welfare of the citizens of
Illinois, to provide a system of control over the distribution and use of
controlled substances which will more effectively: (1) limit access of such
substances only to those persons who have demonstrated an appropriate sense
of responsibility and have a lawful and legitimate reason to possess them;
(2) deter the unlawful and destructive abuse of controlled substances; (3)
penalize most heavily the illicit traffickers or profiteers of controlled
substances, who propagate and perpetuate the abuse of such substances with
reckless disregard for its consumptive consequences upon every element of
society; (4) acknowledge the functional and consequential differences
between the various types of controlled substances and provide for
correspondingly different degrees of control over each of the various
types; (5) unify where feasible and codify the efforts of this State to
conform with the regulatory systems of the Federal government; and (6) provide law enforcement authorities with
the necessary resources to make this system efficacious. It is not the intent of the General Assembly to treat the unlawful user
or occasional petty distributor of controlled substances with the same
severity as the large-scale, unlawful purveyors and traffickers of
controlled substances.
However, it is recognized that persons who violate this Act with respect to
the manufacture, delivery, possession with intent to deliver, or possession of
more than one type of controlled substance listed herein may accordingly
receive multiple convictions and sentences under each Section of this Act.
To this end, guidelines have been provided, along
with a wide latitude in sentencing discretion, to enable the sentencing
court to order penalties in each case which are appropriate for the
purposes of this Act.(Source: P.A. 97-334, eff. 1-1-12.) (Text of Section after amendment by P.A. 103-881) Sec. 100. Legislative intent. It is the intent of the General Assembly, recognizing the rising incidence in the misuse of drugs and other dangerous substances and its resultant damage to the peace, health, and welfare of the citizens of Illinois, to provide a system of control over the distribution and use of controlled substances which will more effectively: (1) limit access of such substances only to those persons who have demonstrated an appropriate sense of responsibility and have a lawful and legitimate reason to possess them; (2) deter the unlawful and destructive misuse of controlled substances; (3) penalize most heavily the illicit traffickers or profiteers of controlled substances, who propagate and perpetuate the misuse of such substances with reckless disregard for its consumptive consequences upon every element of society; (4) acknowledge the functional and consequential differences between the various types of controlled substances and provide for correspondingly different degrees of control over each of the various types; (5) unify where feasible and codify the efforts of this State to conform with the regulatory systems of the Federal government; and (6) provide law enforcement authorities with the necessary resources to make this system efficacious. It is not the intent of the General Assembly to treat the unlawful user or occasional petty distributor of controlled substances with the same severity as the large-scale, unlawful purveyors and traffickers of controlled substances. However, it is recognized that persons who violate this Act with respect to the manufacture, delivery, possession with intent to deliver, or possession of more than one type of controlled substance listed herein may accordingly receive multiple convictions and sentences under each Section of this Act. To this end, guidelines have been provided, along with a wide latitude in sentencing discretion, to enable the sentencing court to order penalties in each case which are appropriate for the purposes of this Act.(Source: P.A. 103-881, eff. 1-1-25.) |
720 ILCS 570/101
(720 ILCS 570/101) (from Ch. 56 1/2, par. 1101)
Sec. 101.
This Act shall be known as and may be cited as the "Illinois Controlled Substances Act."
(Source: P.A. 77-757.)
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720 ILCS 570/102 (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) (Text of Section before amendment by P.A. 103-881) Sec. 102. Definitions. As used in this Act, unless the context
otherwise requires:
(a) "Addict" means any person who habitually uses any drug, chemical,
substance or dangerous drug other than alcohol so as to endanger the public
morals, health, safety or welfare or who is so far addicted to the use of a
dangerous drug or controlled substance other than alcohol as to have lost
the power of self control with reference to his or her addiction.
(b) "Administer" means the direct application of a controlled
substance, whether by injection, inhalation, ingestion, or any other
means, to the body of a patient, research subject, or animal (as
defined by the Humane Euthanasia in Animal Shelters Act) by:
(1) a practitioner (or, in his or her presence, by | | his or her authorized agent),
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| (2) the patient or research subject pursuant to an
| | (3) a euthanasia technician as defined by the Humane
| | Euthanasia in Animal Shelters Act.
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| (c) "Agent" means an authorized person who acts on behalf of or at
the direction of a manufacturer, distributor, dispenser, prescriber, or practitioner. It does not
include a common or contract carrier, public warehouseman or employee of
the carrier or warehouseman.
(c-1) "Anabolic Steroids" means any drug or hormonal substance,
chemically and pharmacologically related to testosterone (other than
estrogens, progestins, corticosteroids, and dehydroepiandrosterone),
and includes:
(i) 3[beta],17-dihydroxy-5a-androstane,
(ii) 3[alpha],17[beta]-dihydroxy-5a-androstane,
(iii) 5[alpha]-androstan-3,17-dione,
(iv) 1-androstenediol (3[beta],
17[beta]-dihydroxy-5[alpha]-androst-1-ene),
(v) 1-androstenediol (3[alpha],
17[beta]-dihydroxy-5[alpha]-androst-1-ene),
(vi) 4-androstenediol
(3[beta],17[beta]-dihydroxy-androst-4-ene),
(vii) 5-androstenediol
(3[beta],17[beta]-dihydroxy-androst-5-ene),
(viii) 1-androstenedione
([5alpha]-androst-1-en-3,17-dione),
(ix) 4-androstenedione
(androst-4-en-3,17-dione),
(x) 5-androstenedione
(androst-5-en-3,17-dione),
(xi) bolasterone (7[alpha],17a-dimethyl-17[beta]-
hydroxyandrost-4-en-3-one),
(xii) boldenone (17[beta]-hydroxyandrost-
1,4,-diene-3-one),
(xiii) boldione (androsta-1,4-
diene-3,17-dione),
(xiv) calusterone (7[beta],17[alpha]-dimethyl-17
[beta]-hydroxyandrost-4-en-3-one),
(xv) clostebol (4-chloro-17[beta]-
hydroxyandrost-4-en-3-one),
(xvi) dehydrochloromethyltestosterone (4-chloro-
17[beta]-hydroxy-17[alpha]-methyl-
androst-1,4-dien-3-one),
| | (xvii) desoxymethyltestosterone (17[alpha]-methyl-5[alpha]
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| -androst-2-en-17[beta]-ol)(a.k.a., madol),
(xviii) [delta]1-dihydrotestosterone (a.k.a.
'1-testosterone') (17[beta]-hydroxy-
5[alpha]-androst-1-en-3-one),
(xix) 4-dihydrotestosterone (17[beta]-hydroxy-
androstan-3-one),
(xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl-
5[alpha]-androstan-3-one),
(xxi) ethylestrenol (17[alpha]-ethyl-17[beta]-
hydroxyestr-4-ene),
(xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl-
1[beta],17[beta]-dihydroxyandrost-4-en-3-one),
(xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha],
17[beta]-dihydroxyandrost-1,4-dien-3-one),
(xxiv) furazabol (17[alpha]-methyl-17[beta]-
hydroxyandrostano[2,3-c]-furazan),
(xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one,
(xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy-
androst-4-en-3-one),
(xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]-
dihydroxy-estr-4-en-3-one),
(xxviii) mestanolone (17[alpha]-methyl-17[beta]-
hydroxy-5-androstan-3-one),
(xxix) mesterolone (1amethyl-17[beta]-hydroxy-
[5a]-androstan-3-one),
(xxx) methandienone (17[alpha]-methyl-17[beta]-
hydroxyandrost-1,4-dien-3-one),
(xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]-
dihydroxyandrost-5-ene),
(xxxii) methenolone (1-methyl-17[beta]-hydroxy-
5[alpha]-androst-1-en-3-one),
(xxxiii) 17[alpha]-methyl-3[beta], 17[beta]-
dihydroxy-5a-androstane,
(xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy
-5a-androstane,
(xxxv) 17[alpha]-methyl-3[beta],17[beta]-
dihydroxyandrost-4-ene),
(xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]-
methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one),
(xxxvii) methyldienolone (17[alpha]-methyl-17[beta]-
hydroxyestra-4,9(10)-dien-3-one),
(xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]-
hydroxyestra-4,9-11-trien-3-one),
(xxxix) methyltestosterone (17[alpha]-methyl-17[beta]-
hydroxyandrost-4-en-3-one),
(xl) mibolerone (7[alpha],17a-dimethyl-17[beta]-
hydroxyestr-4-en-3-one),
(xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone
(17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]-
androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl-
1-testosterone'),
(xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one),
(xliii) 19-nor-4-androstenediol (3[beta], 17[beta]-
dihydroxyestr-4-ene),
(xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]-
dihydroxyestr-4-ene),
(xlv) 19-nor-5-androstenediol (3[beta], 17[beta]-
dihydroxyestr-5-ene),
(xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]-
dihydroxyestr-5-ene),
(xlvii) 19-nor-4,9(10)-androstadienedione
(estra-4,9(10)-diene-3,17-dione),
(xlviii) 19-nor-4-androstenedione (estr-4-
en-3,17-dione),
(xlix) 19-nor-5-androstenedione (estr-5-
en-3,17-dione),
(l) norbolethone (13[beta], 17a-diethyl-17[beta]-
hydroxygon-4-en-3-one),
(li) norclostebol (4-chloro-17[beta]-
hydroxyestr-4-en-3-one),
(lii) norethandrolone (17[alpha]-ethyl-17[beta]-
hydroxyestr-4-en-3-one),
(liii) normethandrolone (17[alpha]-methyl-17[beta]-
hydroxyestr-4-en-3-one),
(liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-
2-oxa-5[alpha]-androstan-3-one),
(lv) oxymesterone (17[alpha]-methyl-4,17[beta]-
dihydroxyandrost-4-en-3-one),
(lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene-
17[beta]-hydroxy-(5[alpha]-androstan-3-one),
(lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy-
(5[alpha]-androst-2-eno[3,2-c]-pyrazole),
(lviii) stenbolone (17[beta]-hydroxy-2-methyl-
(5[alpha]-androst-1-en-3-one),
(lix) testolactone (13-hydroxy-3-oxo-13,17-
secoandrosta-1,4-dien-17-oic
acid lactone),
(lx) testosterone (17[beta]-hydroxyandrost-
4-en-3-one),
(lxi) tetrahydrogestrinone (13[beta], 17[alpha]-
diethyl-17[beta]-hydroxygon-
4,9,11-trien-3-one),
(lxii) trenbolone (17[beta]-hydroxyestr-4,9,
11-trien-3-one).
Any person who is otherwise lawfully in possession of an anabolic
steroid, or who otherwise lawfully manufactures, distributes, dispenses,
delivers, or possesses with intent to deliver an anabolic steroid, which
anabolic steroid is expressly intended for and lawfully allowed to be
administered through implants to livestock or other nonhuman species, and
which is approved by the Secretary of Health and Human Services for such
administration, and which the person intends to administer or have
administered through such implants, shall not be considered to be in
unauthorized possession or to unlawfully manufacture, distribute, dispense,
deliver, or possess with intent to deliver such anabolic steroid for
purposes of this Act.
(d) "Administration" means the Drug Enforcement Administration,
United States Department of Justice, or its successor agency.
(d-5) "Clinical Director, Prescription Monitoring Program" means a Department of Human Services administrative employee licensed to either prescribe or dispense controlled substances who shall run the clinical aspects of the Department of Human Services Prescription Monitoring Program and its Prescription Information Library.
(d-10) "Compounding" means the preparation and mixing of components, excluding flavorings, (1) as the result of a prescriber's prescription drug order or initiative based on the prescriber-patient-pharmacist relationship in the course of professional practice or (2) for the purpose of, or incident to, research, teaching, or chemical analysis and not for sale or dispensing. "Compounding" includes the preparation of drugs or devices in anticipation of receiving prescription drug orders based on routine, regularly observed dispensing patterns. Commercially available products may be compounded for dispensing to individual patients only if both of the following conditions are met: (i) the commercial product is not reasonably available from normal distribution channels in a timely manner to meet the patient's needs and (ii) the prescribing practitioner has requested that the drug be compounded.
(e) "Control" means to add a drug or other substance, or immediate
precursor, to a Schedule whether by
transfer from another Schedule or otherwise.
(f) "Controlled Substance" means (i) a drug, substance, immediate
precursor, or synthetic drug in the Schedules of Article II of this Act or (ii) a drug or other substance, or immediate precursor, designated as a controlled substance by the Department through administrative rule. The term does not include distilled spirits, wine, malt beverages, or tobacco, as those terms are
defined or used in the Liquor Control Act of 1934 and the Tobacco Products Tax
Act of 1995.
(f-5) "Controlled substance analog" means a substance:
(1) the chemical structure of which is substantially
| | similar to the chemical structure of a controlled substance in Schedule I or II;
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| (2) which has a stimulant, depressant, or
| | hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in Schedule I or II; or
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| (3) with respect to a particular person, which such
| | person represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in Schedule I or II.
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| (g) "Counterfeit substance" means a controlled substance, which, or
the container or labeling of which, without authorization bears the
trademark, trade name, or other identifying mark, imprint, number or
device, or any likeness thereof, of a manufacturer, distributor, or
dispenser other than the person who in fact manufactured, distributed,
or dispensed the substance.
(h) "Deliver" or "delivery" means the actual, constructive or
attempted transfer of possession of a controlled substance, with or
without consideration, whether or not there is an agency relationship.
"Deliver" or "delivery" does not include
the donation of drugs to the extent permitted
under the Illinois Drug Reuse Opportunity Program Act.
(i) "Department" means the Illinois Department of Human Services (as
successor to the Department of Alcoholism and Substance Abuse) or its successor agency.
(j) (Blank).
(k) "Department of Corrections" means the Department of Corrections
of the State of Illinois or its successor agency.
(l) "Department of Financial and Professional Regulation" means the Department
of Financial and Professional Regulation of the State of Illinois or its successor agency.
(m) "Depressant" means any drug that (i) causes an overall depression of central nervous system functions, (ii) causes impaired consciousness and awareness, and (iii) can be habit-forming or lead to a substance abuse problem, including, but not limited to, alcohol, cannabis and its active principles and their analogs, benzodiazepines and their analogs, barbiturates and their analogs, opioids (natural and synthetic) and their analogs, and chloral hydrate and similar sedative hypnotics.
(n) (Blank).
(o) "Director" means the Director of the Illinois State Police or his or her designated agents.
(p) "Dispense" means to deliver a controlled substance to an
ultimate user or research subject by or pursuant to the lawful order of
a prescriber, including the prescribing, administering, packaging,
labeling, or compounding necessary to prepare the substance for that
delivery.
(q) "Dispenser" means a practitioner who dispenses.
(r) "Distribute" means to deliver, other than by administering or
dispensing, a controlled substance.
(s) "Distributor" means a person who distributes.
(t) "Drug" means (1) substances recognized as drugs in the official
United States Pharmacopoeia, Official Homeopathic Pharmacopoeia of the
United States, or official National Formulary, or any supplement to any
of them; (2) substances intended for use in diagnosis, cure, mitigation,
treatment, or prevention of disease in man or animals; (3) substances
(other than food) intended to affect the structure of any function of
the body of man or animals and (4) substances intended for use as a
component of any article specified in clause (1), (2), or (3) of this
subsection. It does not include devices or their components, parts, or
accessories.
(t-3) "Electronic health record" or "EHR" means an electronic record of health-related information on an individual that is created, gathered, managed, and consulted by authorized health care clinicians and staff.
(t-3.5) "Electronic health record system" or "EHR system" means any computer-based system or combination of federally certified Health IT Modules (defined at 42 CFR 170.102 or its successor) used as a repository for electronic health records and accessed or updated by a prescriber or authorized surrogate in the ordinary course of his or her medical practice. For purposes of connecting to the Prescription Information Library maintained by the Bureau of Pharmacy and Clinical Support Systems or its successor, an EHR system may connect to the Prescription Information Library directly or through all or part of a computer program or system that is a federally certified Health IT Module maintained by a third party and used by the EHR system to secure access to the database.
(t-4) "Emergency medical services personnel" has the meaning ascribed to it in the Emergency Medical Services (EMS) Systems Act.
(t-5) "Euthanasia agency" means
an entity certified by the Department of Financial and Professional Regulation for the
purpose of animal euthanasia that holds an animal control facility license or
animal
shelter license under the Animal Welfare Act. A euthanasia agency is
authorized to purchase, store, possess, and utilize Schedule II nonnarcotic and
Schedule III nonnarcotic drugs for the sole purpose of animal euthanasia.
(t-10) "Euthanasia drugs" means Schedule II or Schedule III substances
(nonnarcotic controlled substances) that are used by a euthanasia agency for
the purpose of animal euthanasia.
(u) "Good faith" means the prescribing or dispensing of a controlled
substance by a practitioner in the regular course of professional
treatment to or for any person who is under his or her treatment for a
pathology or condition other than that individual's physical or
psychological dependence upon or addiction to a controlled substance,
except as provided herein: and application of the term to a pharmacist
shall mean the dispensing of a controlled substance pursuant to the
prescriber's order which in the professional judgment of the pharmacist
is lawful. The pharmacist shall be guided by accepted professional
standards, including, but not limited to, the following, in making the
judgment:
(1) lack of consistency of prescriber-patient
| | (2) frequency of prescriptions for same drug by one
| | prescriber for large numbers of patients,
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| (3) quantities beyond those normally prescribed,
(4) unusual dosages (recognizing that there may be
| | clinical circumstances where more or less than the usual dose may be used legitimately),
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| (5) unusual geographic distances between patient,
| | pharmacist and prescriber,
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| (6) consistent prescribing of habit-forming drugs.
(u-0.5) "Hallucinogen" means a drug that causes markedly altered sensory perception leading to hallucinations of any type.
(u-1) "Home infusion services" means services provided by a pharmacy in
compounding solutions for direct administration to a patient in a private
residence, long-term care facility, or hospice setting by means of parenteral,
intravenous, intramuscular, subcutaneous, or intraspinal infusion.
(u-5) "Illinois State Police" means the Illinois State
Police or its successor agency.
(v) "Immediate precursor" means a substance:
(1) which the Department has found to be and by rule
| | designated as being a principal compound used, or produced primarily for use, in the manufacture of a controlled substance;
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| (2) which is an immediate chemical intermediary used
| | or likely to be used in the manufacture of such controlled substance; and
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| (3) the control of which is necessary to prevent,
| | curtail or limit the manufacture of such controlled substance.
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| (w) "Instructional activities" means the acts of teaching, educating
or instructing by practitioners using controlled substances within
educational facilities approved by the State Board of Education or
its successor agency.
(x) "Local authorities" means a duly organized State, County or
Municipal peace unit or police force.
(y) "Look-alike substance" means a substance, other than a controlled
substance which (1) by overall dosage unit appearance, including shape,
color, size, markings or lack thereof, taste, consistency, or any other
identifying physical characteristic of the substance, would lead a reasonable
person to believe that the substance is a controlled substance, or (2) is
expressly or impliedly represented to be a controlled substance or is
distributed under circumstances which would lead a reasonable person to
believe that the substance is a controlled substance. For the purpose of
determining whether the representations made or the circumstances of the
distribution would lead a reasonable person to believe the substance to be
a controlled substance under this clause (2) of subsection (y), the court or
other authority may consider the following factors in addition to any other
factor that may be relevant:
(a) statements made by the owner or person in control
| | of the substance concerning its nature, use or effect;
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| (b) statements made to the buyer or recipient that
| | the substance may be resold for profit;
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| (c) whether the substance is packaged in a manner
| | normally used for the illegal distribution of controlled substances;
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| (d) whether the distribution or attempted
| | distribution included an exchange of or demand for money or other property as consideration, and whether the amount of the consideration was substantially greater than the reasonable retail market value of the substance.
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| Clause (1) of this subsection (y) shall not apply to a noncontrolled
substance in its finished dosage form that was initially introduced into
commerce prior to the initial introduction into commerce of a controlled
substance in its finished dosage form which it may substantially resemble.
Nothing in this subsection (y) prohibits the dispensing or distributing
of noncontrolled substances by persons authorized to dispense and
distribute controlled substances under this Act, provided that such action
would be deemed to be carried out in good faith under subsection (u) if the
substances involved were controlled substances.
Nothing in this subsection (y) or in this Act prohibits the manufacture,
preparation, propagation, compounding, processing, packaging, advertising
or distribution of a drug or drugs by any person registered pursuant to
Section 510 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
(y-1) "Mail-order pharmacy" means a pharmacy that is located in a state
of the United States that delivers, dispenses or
distributes, through the United States Postal Service or other common
carrier, to Illinois residents, any substance which requires a prescription.
(z) "Manufacture" means the production, preparation, propagation,
compounding, conversion or processing of a controlled substance other than methamphetamine, either
directly or indirectly, by extraction from substances of natural origin,
or independently by means of chemical synthesis, or by a combination of
extraction and chemical synthesis, and includes any packaging or
repackaging of the substance or labeling of its container, except that
this term does not include:
(1) by an ultimate user, the preparation or
| | compounding of a controlled substance for his or her own use;
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| (2) by a practitioner, or his or her authorized agent
| | under his or her supervision, the preparation, compounding, packaging, or labeling of a controlled substance:
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| (a) as an incident to his or her administering or
| | dispensing of a controlled substance in the course of his or her professional practice; or
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| (b) as an incident to lawful research, teaching
| | or chemical analysis and not for sale; or
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| (3) the packaging, repackaging, or labeling of drugs
| | only to the extent permitted under the Illinois Drug Reuse Opportunity Program Act.
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| (z-1) (Blank).
(z-5) "Medication shopping" means the conduct prohibited under subsection (a) of Section 314.5 of this Act.
(z-10) "Mid-level practitioner" means (i) a physician assistant who has been delegated authority to prescribe through a written delegation of authority by a physician licensed to practice medicine in all of its branches, in accordance with Section 7.5 of the Physician Assistant Practice Act of 1987, (ii) an advanced practice registered nurse who has been delegated authority to prescribe through a written delegation of authority by a physician licensed to practice medicine in all of its branches or by a podiatric physician, in accordance with Section 65-40 of the Nurse Practice Act, (iii) an advanced practice registered nurse certified as a nurse practitioner, nurse midwife, or clinical nurse specialist who has been granted authority to prescribe by a hospital affiliate in accordance with Section 65-45 of the Nurse Practice Act, (iv) an animal euthanasia agency, or (v) a prescribing psychologist.
(aa) "Narcotic drug" means any of the following, whether produced
directly or indirectly by extraction from substances of vegetable origin,
or independently by means of chemical synthesis, or by a combination of
extraction and chemical synthesis:
(1) opium, opiates, derivatives of opium and opiates,
| | including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation; however the term "narcotic drug" does not include the isoquinoline alkaloids of opium;
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| (2) (blank);
(3) opium poppy and poppy straw;
(4) coca leaves, except coca leaves and extracts of
| | coca leaves from which substantially all of the cocaine and ecgonine, and their isomers, derivatives and salts, have been removed;
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| (5) cocaine, its salts, optical and geometric
| | isomers, and salts of isomers;
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| (6) ecgonine, its derivatives, their salts, isomers,
| | (7) any compound, mixture, or preparation which
| | contains any quantity of any of the substances referred to in subparagraphs (1) through (6).
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| (bb) "Nurse" means a registered nurse licensed under the
Nurse Practice Act.
(cc) (Blank).
(dd) "Opiate" means any substance having an addiction forming or
addiction sustaining liability similar to morphine or being capable of
conversion into a drug having addiction forming or addiction sustaining
liability.
(ee) "Opium poppy" means the plant of the species Papaver
somniferum L., except its seeds.
(ee-5) "Oral dosage" means a tablet, capsule, elixir, or solution or other liquid form of medication intended for administration by mouth, but the term does not include a form of medication intended for buccal, sublingual, or transmucosal administration.
(ff) "Parole and Pardon Board" means the Parole and Pardon Board of
the State of Illinois or its successor agency.
(gg) "Person" means any individual, corporation, mail-order pharmacy,
government or governmental subdivision or agency, business trust, estate,
trust, partnership or association, or any other entity.
(hh) "Pharmacist" means any person who holds a license or certificate of
registration as a registered pharmacist, a local registered pharmacist
or a registered assistant pharmacist under the Pharmacy Practice Act.
(ii) "Pharmacy" means any store, ship or other place in which
pharmacy is authorized to be practiced under the Pharmacy Practice Act.
(ii-5) "Pharmacy shopping" means the conduct prohibited under subsection (b) of Section 314.5 of this Act.
(ii-10) "Physician" (except when the context otherwise requires) means a person licensed to practice medicine in all of its branches.
(jj) "Poppy straw" means all parts, except the seeds, of the opium
poppy, after mowing.
(kk) "Practitioner" means a physician licensed to practice medicine in all
its branches, dentist, optometrist, podiatric physician,
veterinarian, scientific investigator, pharmacist, physician assistant,
advanced practice registered nurse,
licensed practical
nurse, registered nurse, emergency medical services personnel, hospital, laboratory, or pharmacy, or other
person licensed, registered, or otherwise lawfully permitted by the
United States or this State to distribute, dispense, conduct research
with respect to, administer or use in teaching or chemical analysis, a
controlled substance in the course of professional practice or research.
(ll) "Pre-printed prescription" means a written prescription upon which
the designated drug has been indicated prior to the time of issuance; the term does not mean a written prescription that is individually generated by machine or computer in the prescriber's office.
(mm) "Prescriber" means a physician licensed to practice medicine in all
its branches, dentist, optometrist, prescribing psychologist licensed under Section 4.2 of the Clinical Psychologist Licensing Act with prescriptive authority delegated under Section 4.3 of the Clinical Psychologist Licensing Act, podiatric physician, or
veterinarian who issues a prescription, a physician assistant who
issues a
prescription for a controlled substance
in accordance
with Section 303.05, a written delegation, and a written collaborative agreement required under Section 7.5
of the
Physician Assistant Practice Act of 1987, an advanced practice registered
nurse with prescriptive authority delegated under Section 65-40 of the Nurse Practice Act and in accordance with Section 303.05, a written delegation,
and a written
collaborative agreement under Section 65-35 of the Nurse Practice Act, an advanced practice registered nurse certified as a nurse practitioner, nurse midwife, or clinical nurse specialist who has been granted authority to prescribe by a hospital affiliate in accordance with Section 65-45 of the Nurse Practice Act and in accordance with Section 303.05, or an advanced practice registered nurse certified as a nurse practitioner, nurse midwife, or clinical nurse specialist who has full practice authority pursuant to Section 65-43 of the Nurse Practice Act.
(nn) "Prescription" means a written, facsimile, or oral order, or an electronic order that complies with applicable federal requirements,
of
a physician licensed to practice medicine in all its branches,
dentist, podiatric physician or veterinarian for any controlled
substance, of an optometrist in accordance with Section 15.1 of the Illinois Optometric Practice Act of 1987, of a prescribing psychologist licensed under Section 4.2 of the Clinical Psychologist Licensing Act with prescriptive authority delegated under Section 4.3 of the Clinical Psychologist Licensing Act, of a physician assistant for a
controlled substance
in accordance with Section 303.05, a written delegation, and a written collaborative agreement required under
Section 7.5 of the
Physician Assistant Practice Act of 1987, of an advanced practice registered
nurse with prescriptive authority delegated under Section 65-40 of the Nurse Practice Act who issues a prescription for a
controlled substance in accordance
with
Section 303.05, a written delegation, and a written collaborative agreement under Section 65-35 of the Nurse Practice Act, of an advanced practice registered nurse certified as a nurse practitioner, nurse midwife, or clinical nurse specialist who has been granted authority to prescribe by a hospital affiliate in accordance with Section 65-45 of the Nurse Practice Act and in accordance with Section 303.05 when required by law, or of an advanced practice registered nurse certified as a nurse practitioner, nurse midwife, or clinical nurse specialist who has full practice authority pursuant to Section 65-43 of the Nurse Practice Act.
(nn-5) "Prescription Information Library" (PIL) means an electronic library that contains reported controlled substance data.
(nn-10) "Prescription Monitoring Program" (PMP) means the entity that collects, tracks, and stores reported data on controlled substances and select drugs pursuant to Section 316.
(oo) "Production" or "produce" means manufacture, planting,
cultivating, growing, or harvesting of a controlled substance other than methamphetamine.
(pp) "Registrant" means every person who is required to register
under Section 302 of this Act.
(qq) "Registry number" means the number assigned to each person
authorized to handle controlled substances under the laws of the United
States and of this State.
(qq-5) "Secretary" means, as the context requires, either the Secretary of the Department or the Secretary of the Department of Financial and Professional Regulation, and the Secretary's designated agents.
(rr) "State" includes the State of Illinois and any state, district,
commonwealth, territory, insular possession thereof, and any area
subject to the legal authority of the United States of America.
(rr-5) "Stimulant" means any drug that (i) causes an overall excitation of central nervous system functions, (ii) causes impaired consciousness and awareness, and (iii) can be habit-forming or lead to a substance abuse problem, including, but not limited to, amphetamines and their analogs, methylphenidate and its analogs, cocaine, and phencyclidine and its analogs.
(rr-10) "Synthetic drug" includes, but is not limited to, any synthetic cannabinoids or piperazines or any synthetic cathinones as provided for in Schedule I.
(ss) "Ultimate user" means a person who lawfully possesses a
controlled substance for his or her own use or for the use of a member of his or her
household or for administering to an animal owned by him or her or by a member
of his or her household.
(Source: P.A. 101-666, eff. 1-1-22; 102-389, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
(Text of Section after amendment by P.A. 103-881)
Sec. 102. Definitions. As used in this Act, unless the context otherwise requires:
(a) "Person with a substance use disorder" means any person who has a substance use disorder diagnosis defined as a spectrum of persistent and recurring problematic behavior that encompasses 10 separate classes of drugs: alcohol; caffeine; cannabis; hallucinogens; inhalants; opioids; sedatives, hypnotics and anxiolytics; stimulants; and tobacco; and other unknown substances leading to clinically significant impairment or distress.
(b) "Administer" means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient, research subject, or animal (as defined by the Humane Euthanasia in Animal Shelters Act) by:
(1) a practitioner (or, in his or her presence, by
| | his or her authorized agent),
|
| (2) the patient or research subject pursuant to an
| | (3) a euthanasia technician as defined by the Humane
| | Euthanasia in Animal Shelters Act.
|
| (c) "Agent" means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, dispenser, prescriber, or practitioner. It does not include a common or contract carrier, public warehouseman or employee of the carrier or warehouseman.
(c-1) "Anabolic Steroids" means any drug or hormonal substance, chemically and pharmacologically related to testosterone (other than estrogens, progestins, corticosteroids, and dehydroepiandrosterone), and includes:
(i) 3[beta],17-dihydroxy-5a-androstane,
(ii) 3[alpha],17[beta]-dihydroxy-5a-androstane,
(iii) 5[alpha]-androstan-3,17-dione,
(iv) 1-androstenediol (3[beta],
17[beta]-dihydroxy-5[alpha]-androst-1-ene),
(v) 1-androstenediol (3[alpha],
17[beta]-dihydroxy-5[alpha]-androst-1-ene),
(vi) 4-androstenediol
(3[beta],17[beta]-dihydroxy-androst-4-ene),
(vii) 5-androstenediol
(3[beta],17[beta]-dihydroxy-androst-5-ene),
(viii) 1-androstenedione
([5alpha]-androst-1-en-3,17-dione),
(ix) 4-androstenedione
(androst-4-en-3,17-dione),
(x) 5-androstenedione
(androst-5-en-3,17-dione),
(xi) bolasterone (7[alpha],17a-dimethyl-17[beta]-
hydroxyandrost-4-en-3-one),
(xii) boldenone (17[beta]-hydroxyandrost-
1,4,-diene-3-one),
(xiii) boldione (androsta-1,4-
diene-3,17-dione),
(xiv) calusterone (7[beta],17[alpha]-dimethyl-17
[beta]-hydroxyandrost-4-en-3-one),
(xv) clostebol (4-chloro-17[beta]-
hydroxyandrost-4-en-3-one),
(xvi) dehydrochloromethyltestosterone (4-chloro-
17[beta]-hydroxy-17[alpha]-methyl-
androst-1,4-dien-3-one),
| | (xvii) desoxymethyltestosterone (17[alpha]-methyl-5[alpha]
|
| -androst-2-en-17[beta]-ol)(a.k.a., madol),
(xviii) [delta]1-dihydrotestosterone (a.k.a.
'1-testosterone') (17[beta]-hydroxy-
5[alpha]-androst-1-en-3-one),
(xix) 4-dihydrotestosterone (17[beta]-hydroxy-
androstan-3-one),
(xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl-
5[alpha]-androstan-3-one),
(xxi) ethylestrenol (17[alpha]-ethyl-17[beta]-
hydroxyestr-4-ene),
(xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl-
1[beta],17[beta]-dihydroxyandrost-4-en-3-one),
(xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha],
17[beta]-dihydroxyandrost-1,4-dien-3-one),
(xxiv) furazabol (17[alpha]-methyl-17[beta]-
hydroxyandrostano[2,3-c]-furazan),
(xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one,
(xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy-
androst-4-en-3-one),
(xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]-
dihydroxy-estr-4-en-3-one),
(xxviii) mestanolone (17[alpha]-methyl-17[beta]-
hydroxy-5-androstan-3-one),
(xxix) mesterolone (1amethyl-17[beta]-hydroxy-
[5a]-androstan-3-one),
(xxx) methandienone (17[alpha]-methyl-17[beta]-
hydroxyandrost-1,4-dien-3-one),
(xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]-
dihydroxyandrost-5-ene),
(xxxii) methenolone (1-methyl-17[beta]-hydroxy-
5[alpha]-androst-1-en-3-one),
(xxxiii) 17[alpha]-methyl-3[beta], 17[beta]-
dihydroxy-5a-androstane,
(xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy
-5a-androstane,
(xxxv) 17[alpha]-methyl-3[beta],17[beta]-
dihydroxyandrost-4-ene),
(xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]-
methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one),
(xxxvii) methyldienolone (17[alpha]-methyl-17[beta]-
hydroxyestra-4,9(10)-dien-3-one),
(xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]-
hydroxyestra-4,9-11-trien-3-one),
(xxxix) methyltestosterone (17[alpha]-methyl-17[beta]-
hydroxyandrost-4-en-3-one),
(xl) mibolerone (7[alpha],17a-dimethyl-17[beta]-
hydroxyestr-4-en-3-one),
(xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone
(17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]-
androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl-
1-testosterone'),
(xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one),
(xliii) 19-nor-4-androstenediol (3[beta], 17[beta]-
dihydroxyestr-4-ene),
(xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]-
dihydroxyestr-4-ene),
(xlv) 19-nor-5-androstenediol (3[beta], 17[beta]-
dihydroxyestr-5-ene),
(xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]-
dihydroxyestr-5-ene),
(xlvii) 19-nor-4,9(10)-androstadienedione
(estra-4,9(10)-diene-3,17-dione),
(xlviii) 19-nor-4-androstenedione (estr-4-
en-3,17-dione),
(xlix) 19-nor-5-androstenedione (estr-5-
en-3,17-dione),
(l) norbolethone (13[beta], 17a-diethyl-17[beta]-
hydroxygon-4-en-3-one),
(li) norclostebol (4-chloro-17[beta]-
hydroxyestr-4-en-3-one),
(lii) norethandrolone (17[alpha]-ethyl-17[beta]-
hydroxyestr-4-en-3-one),
(liii) normethandrolone (17[alpha]-methyl-17[beta]-
hydroxyestr-4-en-3-one),
(liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-
2-oxa-5[alpha]-androstan-3-one),
(lv) oxymesterone (17[alpha]-methyl-4,17[beta]-
dihydroxyandrost-4-en-3-one),
(lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene-
17[beta]-hydroxy-(5[alpha]-androstan-3-one),
(lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy-
(5[alpha]-androst-2-eno[3,2-c]-pyrazole),
(lviii) stenbolone (17[beta]-hydroxy-2-methyl-
(5[alpha]-androst-1-en-3-one),
(lix) testolactone (13-hydroxy-3-oxo-13,17-
secoandrosta-1,4-dien-17-oic
acid lactone),
(lx) testosterone (17[beta]-hydroxyandrost-
4-en-3-one),
(lxi) tetrahydrogestrinone (13[beta], 17[alpha]-
diethyl-17[beta]-hydroxygon-
4,9,11-trien-3-one),
(lxii) trenbolone (17[beta]-hydroxyestr-4,9,
11-trien-3-one).
Any person who is otherwise lawfully in possession of an anabolic steroid, or who otherwise lawfully manufactures, distributes, dispenses, delivers, or possesses with intent to deliver an anabolic steroid, which anabolic steroid is expressly intended for and lawfully allowed to be administered through implants to livestock or other nonhuman species, and which is approved by the Secretary of Health and Human Services for such administration, and which the person intends to administer or have administered through such implants, shall not be considered to be in unauthorized possession or to unlawfully manufacture, distribute, dispense, deliver, or possess with intent to deliver such anabolic steroid for purposes of this Act.
(d) "Administration" means the Drug Enforcement Administration, United States Department of Justice, or its successor agency.
(d-5) "Clinical Director, Prescription Monitoring Program" means a Department of Human Services administrative employee licensed to either prescribe or dispense controlled substances who shall run the clinical aspects of the Department of Human Services Prescription Monitoring Program and its Prescription Information Library.
(d-10) "Compounding" means the preparation and mixing of components, excluding flavorings, (1) as the result of a prescriber's prescription drug order or initiative based on the prescriber-patient-pharmacist relationship in the course of professional practice or (2) for the purpose of, or incident to, research, teaching, or chemical analysis and not for sale or dispensing. "Compounding" includes the preparation of drugs or devices in anticipation of receiving prescription drug orders based on routine, regularly observed dispensing patterns. Commercially available products may be compounded for dispensing to individual patients only if both of the following conditions are met: (i) the commercial product is not reasonably available from normal distribution channels in a timely manner to meet the patient's needs and (ii) the prescribing practitioner has requested that the drug be compounded.
(e) "Control" means to add a drug or other substance, or immediate precursor, to a Schedule whether by transfer from another Schedule or otherwise.
(f) "Controlled Substance" means (i) a drug, substance, immediate precursor, or synthetic drug in the Schedules of Article II of this Act or (ii) a drug or other substance, or immediate precursor, designated as a controlled substance by the Department through administrative rule. The term does not include distilled spirits, wine, malt beverages, or tobacco, as those terms are defined or used in the Liquor Control Act of 1934 and the Tobacco Products Tax Act of 1995.
(f-5) "Controlled substance analog" means a substance:
(1) the chemical structure of which is substantially
| | similar to the chemical structure of a controlled substance in Schedule I or II;
|
| (2) which has a stimulant, depressant, or
| | hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in Schedule I or II; or
|
| (3) with respect to a particular person, which such
| | person represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in Schedule I or II.
|
| (g) "Counterfeit substance" means a controlled substance, which, or the container or labeling of which, without authorization bears the trademark, trade name, or other identifying mark, imprint, number or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed the substance.
(h) "Deliver" or "delivery" means the actual, constructive or attempted transfer of possession of a controlled substance, with or without consideration, whether or not there is an agency relationship. "Deliver" or "delivery" does not include the donation of drugs to the extent permitted under the Illinois Drug Reuse Opportunity Program Act.
(i) "Department" means the Illinois Department of Human Services (as successor to the Department of Alcoholism and Substance Abuse) or its successor agency.
(j) (Blank).
(k) "Department of Corrections" means the Department of Corrections of the State of Illinois or its successor agency.
(l) "Department of Financial and Professional Regulation" means the Department of Financial and Professional Regulation of the State of Illinois or its successor agency.
(m) "Depressant" means any drug that (i) causes an overall depression of central nervous system functions, (ii) causes impaired consciousness and awareness, and (iii) can be habit-forming or lead to a substance misuse or substance use disorder, including, but not limited to, alcohol, cannabis and its active principles and their analogs, benzodiazepines and their analogs, barbiturates and their analogs, opioids (natural and synthetic) and their analogs, and chloral hydrate and similar sedative hypnotics.
(n) (Blank).
(o) "Director" means the Director of the Illinois State Police or his or her designated agents.
(p) "Dispense" means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a prescriber, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for that delivery.
(q) "Dispenser" means a practitioner who dispenses.
(r) "Distribute" means to deliver, other than by administering or dispensing, a controlled substance.
(s) "Distributor" means a person who distributes.
(t) "Drug" means (1) substances recognized as drugs in the official United States Pharmacopoeia, Official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; (2) substances intended for use in diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals; (3) substances (other than food) intended to affect the structure of any function of the body of man or animals and (4) substances intended for use as a component of any article specified in clause (1), (2), or (3) of this subsection. It does not include devices or their components, parts, or accessories.
(t-3) "Electronic health record" or "EHR" means an electronic record of health-related information on an individual that is created, gathered, managed, and consulted by authorized health care clinicians and staff.
(t-3.5) "Electronic health record system" or "EHR system" means any computer-based system or combination of federally certified Health IT Modules (defined at 42 CFR 170.102 or its successor) used as a repository for electronic health records and accessed or updated by a prescriber or authorized surrogate in the ordinary course of his or her medical practice. For purposes of connecting to the Prescription Information Library maintained by the Bureau of Pharmacy and Clinical Support Systems or its successor, an EHR system may connect to the Prescription Information Library directly or through all or part of a computer program or system that is a federally certified Health IT Module maintained by a third party and used by the EHR system to secure access to the database.
(t-4) "Emergency medical services personnel" has the meaning ascribed to it in the Emergency Medical Services (EMS) Systems Act.
(t-5) "Euthanasia agency" means an entity certified by the Department of Financial and Professional Regulation for the purpose of animal euthanasia that holds an animal control facility license or animal shelter license under the Animal Welfare Act. A euthanasia agency is authorized to purchase, store, possess, and utilize Schedule II nonnarcotic and Schedule III nonnarcotic drugs for the sole purpose of animal euthanasia.
(t-10) "Euthanasia drugs" means Schedule II or Schedule III substances (nonnarcotic controlled substances) that are used by a euthanasia agency for the purpose of animal euthanasia.
(u) "Good faith" means the prescribing or dispensing of a controlled substance by a practitioner in the regular course of professional treatment to or for any person who is under his or her treatment for a pathology or condition other than that individual's physical or psychological dependence upon a controlled substance, except as provided herein: and application of the term to a pharmacist shall mean the dispensing of a controlled substance pursuant to the prescriber's order which in the professional judgment of the pharmacist is lawful. The pharmacist shall be guided by accepted professional standards, including, but not limited to, the following, in making the judgment:
(1) lack of consistency of prescriber-patient
| | (2) frequency of prescriptions for same drug by one
| | prescriber for large numbers of patients,
|
| (3) quantities beyond those normally prescribed,
(4) unusual dosages (recognizing that there may be
| | clinical circumstances where more or less than the usual dose may be used legitimately),
|
| (5) unusual geographic distances between patient,
| | pharmacist and prescriber,
|
| (6) consistent prescribing of habit-forming drugs.
(u-0.5) "Hallucinogen" means a drug that causes markedly altered sensory perception leading to hallucinations of any type.
(u-1) "Home infusion services" means services provided by a pharmacy in compounding solutions for direct administration to a patient in a private residence, long-term care facility, or hospice setting by means of parenteral, intravenous, intramuscular, subcutaneous, or intraspinal infusion.
(u-5) "Illinois State Police" means the Illinois State Police or its successor agency.
(v) "Immediate precursor" means a substance:
(1) which the Department has found to be and by rule
| | designated as being a principal compound used, or produced primarily for use, in the manufacture of a controlled substance;
|
| (2) which is an immediate chemical intermediary used
| | or likely to be used in the manufacture of such controlled substance; and
|
| (3) the control of which is necessary to prevent,
| | curtail or limit the manufacture of such controlled substance.
|
| (w) "Instructional activities" means the acts of teaching, educating or instructing by practitioners using controlled substances within educational facilities approved by the State Board of Education or its successor agency.
(x) "Local authorities" means a duly organized State, County or Municipal peace unit or police force.
(y) "Look-alike substance" means a substance, other than a controlled substance which (1) by overall dosage unit appearance, including shape, color, size, markings or lack thereof, taste, consistency, or any other identifying physical characteristic of the substance, would lead a reasonable person to believe that the substance is a controlled substance, or (2) is expressly or impliedly represented to be a controlled substance or is distributed under circumstances which would lead a reasonable person to believe that the substance is a controlled substance. For the purpose of determining whether the representations made or the circumstances of the distribution would lead a reasonable person to believe the substance to be a controlled substance under this clause (2) of subsection (y), the court or other authority may consider the following factors in addition to any other factor that may be relevant:
(a) statements made by the owner or person in control
| | of the substance concerning its nature, use or effect;
|
| (b) statements made to the buyer or recipient that
| | the substance may be resold for profit;
|
| (c) whether the substance is packaged in a manner
| | normally used for the illegal distribution of controlled substances;
|
| (d) whether the distribution or attempted
| | distribution included an exchange of or demand for money or other property as consideration, and whether the amount of the consideration was substantially greater than the reasonable retail market value of the substance.
|
| Clause (1) of this subsection (y) shall not apply to a noncontrolled substance in its finished dosage form that was initially introduced into commerce prior to the initial introduction into commerce of a controlled substance in its finished dosage form which it may substantially resemble.
Nothing in this subsection (y) prohibits the dispensing or distributing of noncontrolled substances by persons authorized to dispense and distribute controlled substances under this Act, provided that such action would be deemed to be carried out in good faith under subsection (u) if the substances involved were controlled substances.
Nothing in this subsection (y) or in this Act prohibits the manufacture, preparation, propagation, compounding, processing, packaging, advertising or distribution of a drug or drugs by any person registered pursuant to Section 510 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
(y-1) "Mail-order pharmacy" means a pharmacy that is located in a state of the United States that delivers, dispenses or distributes, through the United States Postal Service or other common carrier, to Illinois residents, any substance which requires a prescription.
(z) "Manufacture" means the production, preparation, propagation, compounding, conversion or processing of a controlled substance other than methamphetamine, either directly or indirectly, by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling of its container, except that this term does not include:
(1) by an ultimate user, the preparation or
| | compounding of a controlled substance for his or her own use;
|
| (2) by a practitioner, or his or her authorized agent
| | under his or her supervision, the preparation, compounding, packaging, or labeling of a controlled substance:
|
| (a) as an incident to his or her administering or
| | dispensing of a controlled substance in the course of his or her professional practice; or
|
| (b) as an incident to lawful research, teaching
| | or chemical analysis and not for sale; or
|
| (3) the packaging, repackaging, or labeling of drugs
| | only to the extent permitted under the Illinois Drug Reuse Opportunity Program Act.
|
| (z-1) (Blank).
(z-5) "Medication shopping" means the conduct prohibited under subsection (a) of Section 314.5 of this Act.
(z-10) "Mid-level practitioner" means (i) a physician assistant who has been delegated authority to prescribe through a written delegation of authority by a physician licensed to practice medicine in all of its branches, in accordance with Section 7.5 of the Physician Assistant Practice Act of 1987, (ii) an advanced practice registered nurse who has been delegated authority to prescribe through a written delegation of authority by a physician licensed to practice medicine in all of its branches or by a podiatric physician, in accordance with Section 65-40 of the Nurse Practice Act, (iii) an advanced practice registered nurse certified as a nurse practitioner, nurse midwife, or clinical nurse specialist who has been granted authority to prescribe by a hospital affiliate in accordance with Section 65-45 of the Nurse Practice Act, (iv) an animal euthanasia agency, or (v) a prescribing psychologist.
(aa) "Narcotic drug" means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
(1) opium, opiates, derivatives of opium and opiates,
| | including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation; however the term "narcotic drug" does not include the isoquinoline alkaloids of opium;
|
| (2) (blank);
(3) opium poppy and poppy straw;
(4) coca leaves, except coca leaves and extracts of
| | coca leaves from which substantially all of the cocaine and ecgonine, and their isomers, derivatives and salts, have been removed;
|
| (5) cocaine, its salts, optical and geometric
| | isomers, and salts of isomers;
|
| (6) ecgonine, its derivatives, their salts, isomers,
| | (7) any compound, mixture, or preparation which
| | contains any quantity of any of the substances referred to in subparagraphs (1) through (6).
|
| (bb) "Nurse" means a registered nurse licensed under the Nurse Practice Act.
(cc) (Blank).
(dd) "Opiate" means a drug derived from or related to opium.
(ee) "Opium poppy" means the plant of the species Papaver somniferum L., except its seeds.
(ee-5) "Oral dosage" means a tablet, capsule, elixir, or solution or other liquid form of medication intended for administration by mouth, but the term does not include a form of medication intended for buccal, sublingual, or transmucosal administration.
(ff) "Parole and Pardon Board" means the Parole and Pardon Board of the State of Illinois or its successor agency.
(gg) "Person" means any individual, corporation, mail-order pharmacy, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other entity.
(hh) "Pharmacist" means any person who holds a license or certificate of registration as a registered pharmacist, a local registered pharmacist or a registered assistant pharmacist under the Pharmacy Practice Act.
(ii) "Pharmacy" means any store, ship or other place in which pharmacy is authorized to be practiced under the Pharmacy Practice Act.
(ii-5) "Pharmacy shopping" means the conduct prohibited under subsection (b) of Section 314.5 of this Act.
(ii-10) "Physician" (except when the context otherwise requires) means a person licensed to practice medicine in all of its branches.
(jj) "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing.
(kk) "Practitioner" means a physician licensed to practice medicine in all its branches, dentist, optometrist, podiatric physician, veterinarian, scientific investigator, pharmacist, physician assistant, advanced practice registered nurse, licensed practical nurse, registered nurse, emergency medical services personnel, hospital, laboratory, or pharmacy, or other person licensed, registered, or otherwise lawfully permitted by the United States or this State to distribute, dispense, conduct research with respect to, administer or use in teaching or chemical analysis, a controlled substance in the course of professional practice or research.
(ll) "Pre-printed prescription" means a written prescription upon which the designated drug has been indicated prior to the time of issuance; the term does not mean a written prescription that is individually generated by machine or computer in the prescriber's office.
(mm) "Prescriber" means a physician licensed to practice medicine in all its branches, dentist, optometrist, prescribing psychologist licensed under Section 4.2 of the Clinical Psychologist Licensing Act with prescriptive authority delegated under Section 4.3 of the Clinical Psychologist Licensing Act, podiatric physician, or veterinarian who issues a prescription, a physician assistant who issues a prescription for a controlled substance in accordance with Section 303.05, a written delegation, and a written collaborative agreement required under Section 7.5 of the Physician Assistant Practice Act of 1987, an advanced practice registered nurse with prescriptive authority delegated under Section 65-40 of the Nurse Practice Act and in accordance with Section 303.05, a written delegation, and a written collaborative agreement under Section 65-35 of the Nurse Practice Act, an advanced practice registered nurse certified as a nurse practitioner, nurse midwife, or clinical nurse specialist who has been granted authority to prescribe by a hospital affiliate in accordance with Section 65-45 of the Nurse Practice Act and in accordance with Section 303.05, or an advanced practice registered nurse certified as a nurse practitioner, nurse midwife, or clinical nurse specialist who has full practice authority pursuant to Section 65-43 of the Nurse Practice Act.
(nn) "Prescription" means a written, facsimile, or oral order, or an electronic order that complies with applicable federal requirements, of a physician licensed to practice medicine in all its branches, dentist, podiatric physician or veterinarian for any controlled substance, of an optometrist in accordance with Section 15.1 of the Illinois Optometric Practice Act of 1987, of a prescribing psychologist licensed under Section 4.2 of the Clinical Psychologist Licensing Act with prescriptive authority delegated under Section 4.3 of the Clinical Psychologist Licensing Act, of a physician assistant for a controlled substance in accordance with Section 303.05, a written delegation, and a written collaborative agreement required under Section 7.5 of the Physician Assistant Practice Act of 1987, of an advanced practice registered nurse with prescriptive authority delegated under Section 65-40 of the Nurse Practice Act who issues a prescription for a controlled substance in accordance with Section 303.05, a written delegation, and a written collaborative agreement under Section 65-35 of the Nurse Practice Act, of an advanced practice registered nurse certified as a nurse practitioner, nurse midwife, or clinical nurse specialist who has been granted authority to prescribe by a hospital affiliate in accordance with Section 65-45 of the Nurse Practice Act and in accordance with Section 303.05 when required by law, or of an advanced practice registered nurse certified as a nurse practitioner, nurse midwife, or clinical nurse specialist who has full practice authority pursuant to Section 65-43 of the Nurse Practice Act.
(nn-5) "Prescription Information Library" (PIL) means an electronic library that contains reported controlled substance data.
(nn-10) "Prescription Monitoring Program" (PMP) means the entity that collects, tracks, and stores reported data on controlled substances and select drugs pursuant to Section 316.
(oo) "Production" or "produce" means manufacture, planting, cultivating, growing, or harvesting of a controlled substance other than methamphetamine.
(pp) "Registrant" means every person who is required to register under Section 302 of this Act.
(qq) "Registry number" means the number assigned to each person authorized to handle controlled substances under the laws of the United States and of this State.
(qq-5) "Secretary" means, as the context requires, either the Secretary of the Department or the Secretary of the Department of Financial and Professional Regulation, and the Secretary's designated agents.
(rr) "State" includes the State of Illinois and any state, district, commonwealth, territory, insular possession thereof, and any area subject to the legal authority of the United States of America.
(rr-5) "Stimulant" means any drug that (i) causes an overall excitation of central nervous system functions, (ii) causes impaired consciousness and awareness, and (iii) can be habit-forming or lead to a substance use disorder, including, but not limited to, amphetamines and their analogs, methylphenidate and its analogs, cocaine, and phencyclidine and its analogs.
(rr-10) "Synthetic drug" includes, but is not limited to, any synthetic cannabinoids or piperazines or any synthetic cathinones as provided for in Schedule I.
(ss) "Ultimate user" means a person who lawfully possesses a controlled substance for his or her own use or for the use of a member of his or her household or for administering to an animal owned by him or her or by a member of his or her household.
(Source: P.A. 102-389, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-881, eff. 1-1-25.)
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720 ILCS 570/103
(720 ILCS 570/103) (from Ch. 56 1/2, par. 1103)
Sec. 103. Scope of Act. Nothing in this Act limits the lawful authority
granted by the
Medical Practice Act of 1987, the Nurse Practice
Act, the Illinois Optometric Practice Act of 1987, or
the Pharmacy Practice Act.
(Source: P.A. 95-242, eff. 1-1-08; 95-639, eff. 10-5-07; 95-689, eff. 10-29-07; 95-876, eff. 8-21-08.)
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720 ILCS 570/Art. II
(720 ILCS 570/Art. II heading)
ARTICLE II
|
720 ILCS 570/201 (720 ILCS 570/201) (from Ch. 56 1/2, par. 1201) (Text of Section before amendment by P.A. 103-881) Sec. 201. (a) The Department shall carry out the provisions of
this Article. The Department or its successor agency
may, by administrative rule, add additional substances
to or delete or reschedule all controlled substances in the Schedules of
Sections 204, 206, 208, 210 and 212 of this Act. In making a determination
regarding the addition,
deletion, or rescheduling of a substance, the Department
shall consider
the following: (1) the actual or relative potential for abuse; (2) the scientific evidence of its pharmacological | | (3) the state of current scientific knowledge
| | (4) the history and current pattern of abuse;
(5) the scope, duration, and significance of abuse;
(6) the risk to the public health;
(7) the potential of the substance to produce
| | psychological or physiological dependence;
|
| (8) whether the substance is an immediate precursor
| | of a substance already controlled under this Article;
|
| (9) the immediate harmful effect in terms of
| | potentially fatal dosage; and
|
| (10) the long-range effects in terms of permanent
| | (b) (Blank).
(c) (Blank).
(d) If any substance is scheduled, rescheduled, or
deleted as a
controlled substance under Federal law and notice thereof is given to
the Department, the Department shall
similarly control the substance
under this Act after the expiration of 30 days from publication in the
Federal Register of a final order scheduling a substance as
a
controlled substance or rescheduling or deleting a substance, unless
within that 30 day period the Department objects, or
a party adversely
affected files with the Department substantial written objections
objecting to inclusion, rescheduling, or deletion. In that case, the
Department shall publish the reasons for objection or the substantial
written objections and afford all interested parties an opportunity to
be heard. At the conclusion of the hearing, the Department shall
publish its decision, by means of a rule, which shall be final unless
altered by statute. Upon publication of objections by the Department, similar control
under this Act whether by inclusion, rescheduling or deletion is stayed
until the Department publishes its ruling.
(e) (Blank).
(f) (Blank).
(g) Authority to control under this Section does not extend to
distilled spirits, wine, malt beverages, or tobacco as those terms are
defined or used in the Liquor Control Act of 1934 and the Tobacco Products Tax
Act of 1995.
(h) Persons registered with the Drug Enforcement Administration to manufacture or distribute controlled substances shall maintain adequate security and provide effective controls and procedures to guard against theft and diversion, but shall not otherwise be required to meet the physical security control requirements (such as cage or vault) for Schedule V controlled substances containing pseudoephedrine or Schedule II controlled substances containing dextromethorphan.
(Source: P.A. 97-334, eff. 1-1-12; 98-756, eff. 7-16-14.)
(Text of Section after amendment by P.A. 103-881)
Sec. 201. (a) The Department shall carry out the provisions of this Article. The Department or its successor agency may, by administrative rule, add additional substances to or delete or reschedule all controlled substances in the Schedules of Sections 204, 206, 208, 210 and 212 of this Act. In making a determination regarding the addition, deletion, or rescheduling of a substance, the Department shall consider the following:
(1) the actual or relative potential for misuse;
(2) the scientific evidence of its pharmacological
| | (3) the state of current scientific knowledge
| | (4) the history and current pattern of misuse;
(5) the scope, duration, and significance of misuse;
(6) the risk to the public health;
(7) the potential of the substance to produce
| | psychological or physiological dependence or a substance use disorder;
|
| (8) whether the substance is an immediate precursor
| | of a substance already controlled under this Article;
|
| (9) the immediate harmful effect in terms of
| | potentially fatal dosage; and
|
| (10) the long-range effects in terms of permanent
| | (b) (Blank).
(c) (Blank).
(d) If any substance is scheduled, rescheduled, or deleted as a controlled substance under Federal law and notice thereof is given to the Department, the Department shall similarly control the substance under this Act after the expiration of 30 days from publication in the Federal Register of a final order scheduling a substance as a controlled substance or rescheduling or deleting a substance, unless within that 30 day period the Department objects, or a party adversely affected files with the Department substantial written objections objecting to inclusion, rescheduling, or deletion. In that case, the Department shall publish the reasons for objection or the substantial written objections and afford all interested parties an opportunity to be heard. At the conclusion of the hearing, the Department shall publish its decision, by means of a rule, which shall be final unless altered by statute. Upon publication of objections by the Department, similar control under this Act whether by inclusion, rescheduling or deletion is stayed until the Department publishes its ruling.
(e) (Blank).
(f) (Blank).
(g) Authority to control under this Section does not extend to distilled spirits, wine, malt beverages, or tobacco as those terms are defined or used in the Liquor Control Act of 1934 and the Tobacco Products Tax Act of 1995.
(h) Persons registered with the Drug Enforcement Administration to manufacture or distribute controlled substances shall maintain adequate security and provide effective controls and procedures to guard against theft and diversion, but shall not otherwise be required to meet the physical security control requirements (such as cage or vault) for Schedule V controlled substances containing pseudoephedrine or Schedule II controlled substances containing dextromethorphan.
(Source: P.A. 103-881, eff. 1-1-25.)
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720 ILCS 570/202
(720 ILCS 570/202) (from Ch. 56 1/2, par. 1202)
Sec. 202.
The controlled substances listed in the schedules in
Sections 204, 206, 208, 210 and 212, including any substances added to any of those schedules by the Department by administrative rule, may be included by official,
common, usual, chemical, or trade name.
(Source: P.A. 97-334, eff. 1-1-12.)
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720 ILCS 570/203 (720 ILCS 570/203) (from Ch. 56 1/2, par. 1203) (Text of Section before amendment by P.A. 103-881) Sec. 203. The Department, taking into consideration the recommendations of its Prescription Monitoring Program Advisory Committee, may issue a rule scheduling a substance in Schedule I if
it finds that: (1) the substance has high potential for abuse; and (2) the substance has no currently accepted medical | | use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision.
|
| (Source: P.A. 97-334, eff. 1-1-12.)
(Text of Section after amendment by P.A. 103-881)
Sec. 203. The Department, taking into consideration the recommendations of its Prescription Monitoring Program Advisory Committee, may issue a rule scheduling a substance in Schedule I if it finds that:
(1) the substance has high potential for misuse; and
(2) the substance has no currently accepted medical
| | use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision.
|
| (Source: P.A. 103-881, eff. 1-1-25.)
|
720 ILCS 570/204 (720 ILCS 570/204) (from Ch. 56 1/2, par. 1204) Sec. 204. (a) The controlled substances listed in this Section are
included in Schedule I. (b) Unless specifically excepted or unless listed in another
schedule, any of the following opiates, including their isomers,
esters, ethers, salts, and salts of isomers, esters, and ethers,
whenever the existence of such isomers, esters, ethers and salts is
possible within the specific chemical designation: (1) Acetylmethadol; (1.1) Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)- 4-piperidinyl]-N-phenylacetamide); (2) Allylprodine; (3) Alphacetylmethadol, except levo-alphacetylmethadol (also known as levo-alpha- acetylmethadol, levomethadyl acetate, or LAAM); (4) Alphameprodine; (5) Alphamethadol; (6) Alpha-methylfentanyl (N-(1-alpha-methyl-beta-phenyl) ethyl-4-piperidyl) propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N- propanilido) piperidine; (6.1) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl- 4-piperidinyl]-N-phenylpropanamide); (7) 1-methyl-4-phenyl-4-propionoxypiperidine (MPPP); (7.1) PEPAP (1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine); (8) Benzethidine; (9) Betacetylmethadol; (9.1) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)- 4-piperidinyl]-N-phenylpropanamide); (10) Betameprodine; (11) Betamethadol; (12) Betaprodine; (13) Clonitazene; (14) Dextromoramide; (15) Diampromide; (16) Diethylthiambutene; (17) Difenoxin; (18) Dimenoxadol; (19) Dimepheptanol; (20) Dimethylthiambutene; (21) Dioxaphetylbutyrate; (22) Dipipanone; (23) Ethylmethylthiambutene; (24) Etonitazene; (25) Etoxeridine; (26) Furethidine; (27) Hydroxpethidine; (28) Ketobemidone; (29) Levomoramide; (30) Levophenacylmorphan; (31) 3-Methylfentanyl (N-[3-methyl-1-(2-phenylethyl)- 4-piperidyl]-N-phenylpropanamide); (31.1) 3-Methylthiofentanyl (N-[(3-methyl-1-(2-thienyl)ethyl- 4-piperidinyl]-N-phenylpropanamide); (32) Morpheridine; (33) Noracymethadol; (34) Norlevorphanol; (35) Normethadone; (36) Norpipanone; (36.1) Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)- 4-piperidinyl]propanamide); (37) Phenadoxone; (38) Phenampromide; (39) Phenomorphan; (40) Phenoperidine; (41) Piritramide; (42) Proheptazine; (43) Properidine; (44) Propiram; (45) Racemoramide; (45.1) Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl- 4-piperidinyl]-propanamide); (46) Tilidine; (47) Trimeperidine; (48) Beta-hydroxy-3-methylfentanyl (other name: N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]- N-phenylpropanamide); (49) Furanyl fentanyl (FU-F); (50) Butyryl fentanyl; (51) Valeryl fentanyl; (52) Acetyl fentanyl; (53) Beta-hydroxy-thiofentanyl; (54) 3,4-dichloro-N-[2- (dimethylamino)cyclohexyl]-N- methylbenzamide (U-47700); (55) 4-chloro-N-[1-[2- (4-nitrophenyl)ethyl]-2-piperidinylidene]- benzenesulfonamide (W-18); (56) 4-chloro-N-[1-(2-phenylethyl) -2-piperidinylidene]-benzenesulfonamide (W-15); (57) acrylfentanyl (acryloylfentanyl). (c) Unless specifically excepted or unless listed in another
schedule, any of the following opium derivatives, its salts, isomers
and salts of isomers, whenever the existence of such salts, isomers and
salts of isomers is possible within the specific chemical designation: (1) Acetorphine; (2) Acetyldihydrocodeine; (3) Benzylmorphine; (4) Codeine methylbromide; (5) Codeine-N-Oxide; (6) Cyprenorphine; (7) Desomorphine; (8) Diacetyldihydromorphine (Dihydroheroin); (9) Dihydromorphine; (10) Drotebanol; (11) Etorphine (except hydrochloride salt); (12) Heroin; (13) Hydromorphinol; (14) Methyldesorphine; (15) Methyldihydromorphine; (16) Morphine methylbromide; (17) Morphine methylsulfonate; (18) Morphine-N-Oxide; (19) Myrophine; (20) Nicocodeine; (21) Nicomorphine; (22) Normorphine; (23) Pholcodine; (24) Thebacon. (d) Unless specifically excepted or unless listed in another
schedule, any material, compound, mixture, or preparation which contains
any quantity of the following hallucinogenic substances, or which
contains any of its salts, isomers and salts of isomers, whenever the
existence of such salts, isomers, and salts of isomers is possible
within the specific chemical designation (for the purposes of this
paragraph only, the term "isomer" includes the optical, position and
geometric isomers): (1) 3,4-methylenedioxyamphetamine (alpha-methyl,3,4-methylenedioxyphenethylamine, methylenedioxyamphetamine, MDA); (1.1) Alpha-ethyltryptamine (some trade or other names: etryptamine; MONASE; alpha-ethyl-1H-indole-3-ethanamine; 3-(2-aminobutyl)indole; a-ET; and AET); (2) 3,4-methylenedioxymethamphetamine (MDMA); (2.1) 3,4-methylenedioxy-N-ethylamphetamine (also known as: N-ethyl-alpha-methyl- 3,4(methylenedioxy) Phenethylamine, N-ethyl MDA, MDE, and MDEA); (2.2) N-Benzylpiperazine (BZP); (2.2-1) Trifluoromethylphenylpiperazine (TFMPP); (3) 3-methoxy-4,5-methylenedioxyamphetamine, (MMDA); (4) 3,4,5-trimethoxyamphetamine (TMA); (5) (Blank); (6) Diethyltryptamine (DET); (7) Dimethyltryptamine (DMT); (7.1) 5-Methoxy-diallyltryptamine; (8) 4-methyl-2,5-dimethoxyamphetamine (DOM, STP); (9) Ibogaine (some trade and other names: 7-ethyl-6,6,beta,7,8,9,10,12,13-octahydro-2-methoxy- 6,9-methano-5H-pyrido [1',2':1,2] azepino [5,4-b] indole; Tabernanthe iboga); (10) Lysergic acid diethylamide; (10.1) Salvinorin A; (10.5) Salvia divinorum (meaning all parts of the | | plant presently classified botanically as Salvia divinorum, whether growing or not, the seeds thereof, any extract from any part of that plant, and every compound, manufacture, salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation, derivative, mixture, or preparation of that plant, its seeds or extracts);
|
| (11) 3,4,5-trimethoxyphenethylamine (Mescaline);
(12) Peyote (meaning all parts of the plant presently
| | classified botanically as Lophophora williamsii Lemaire, whether growing or not, the seeds thereof, any extract from any part of that plant, and every compound, manufacture, salts, derivative, mixture, or preparation of that plant, its seeds or extracts);
|
| (13) N-ethyl-3-piperidyl benzilate (JB 318);
(14) N-methyl-3-piperidyl benzilate;
(14.1) N-hydroxy-3,4-methylenedioxyamphetamine
(also known as N-hydroxy-alpha-methyl-
3,4(methylenedioxy)phenethylamine and N-hydroxy MDA);
(15) Parahexyl; some trade or other names:
3-hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-
dibenzo (b,d) pyran; Synhexyl;
(16) Psilocybin;
(17) Psilocyn;
(18) Alpha-methyltryptamine (AMT);
(19) 2,5-dimethoxyamphetamine
(2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA);
(20) 4-bromo-2,5-dimethoxyamphetamine
(4-bromo-2,5-dimethoxy-alpha-methylphenethylamine;
4-bromo-2,5-DMA);
(20.1) 4-Bromo-2,5 dimethoxyphenethylamine.
Some trade or other names: 2-(4-bromo-
2,5-dimethoxyphenyl)-1-aminoethane;
alpha-desmethyl DOB, 2CB, Nexus;
(21) 4-methoxyamphetamine
(4-methoxy-alpha-methylphenethylamine;
paramethoxyamphetamine; PMA);
(22) (Blank);
(23) Ethylamine analog of phencyclidine.
Some trade or other names:
N-ethyl-1-phenylcyclohexylamine,
(1-phenylcyclohexyl) ethylamine,
N-(1-phenylcyclohexyl) ethylamine, cyclohexamine, PCE;
(24) Pyrrolidine analog of phencyclidine. Some trade
| | or other names: 1-(1-phenylcyclohexyl) pyrrolidine, PCPy, PHP;
|
| (25) 5-methoxy-3,4-methylenedioxy-amphetamine;
(26) 2,5-dimethoxy-4-ethylamphetamine
(another name: DOET);
(27) 1-[1-(2-thienyl)cyclohexyl] pyrrolidine
(another name: TCPy);
(28) (Blank);
(29) Thiophene analog of phencyclidine (some trade
or other names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine;
2-thienyl analog of phencyclidine; TPCP; TCP);
(29.1) Benzothiophene analog of phencyclidine. Some
| | trade or other names: BTCP or benocyclidine;
|
| (29.2) 3-Methoxyphencyclidine (3-MeO-PCP);
(30) Bufotenine (some trade or other names:
3-(Beta-Dimethylaminoethyl)-5-hydroxyindole;
3-(2-dimethylaminoethyl)-5-indolol;
5-hydroxy-N,N-dimethyltryptamine;
N,N-dimethylserotonin; mappine);
(31) (Blank);
(32) (Blank);
(33) (Blank);
(34) (Blank);
(34.5) (Blank);
(35) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-
(2-methyloctan-2-yl)-6a,7,
10,10a-tetrahydrobenzo[c]chromen-1-ol
Some trade or other names: HU-210;
(35.5) (6aS,10aS)-9-(hydroxymethyl)-6,6-
dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-
tetrahydrobenzo[c]chromen-1-ol, its isomers,
salts, and salts of isomers; Some trade or other
names: HU-210, Dexanabinol;
(36) Dexanabinol, (6aS,10aS)-9-(hydroxymethyl)-
6,6-dimethyl-3-(2-methyloctan-2-yl)-
6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol
Some trade or other names: HU-211;
(37) (Blank);
(38) (Blank);
(39) (Blank);
(40) (Blank);
(41) (Blank);
(42) Any compound structurally derived from
| | 3-(1-naphthoyl)indole or 1H-indol-3-yl-(1-naphthyl)methane by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl whether or not further substituted in the indole ring to any extent, whether or not substituted in the naphthyl ring to any extent. Examples of this structural class include, but are not limited to, JWH-018, AM-2201, JWH-175, JWH-184, and JWH-185;
|
| (43) Any compound structurally derived from
| | 3-(1-naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether or not further substituted in the pyrrole ring to any extent, whether or not substituted in the naphthyl ring to any extent. Examples of this structural class include, but are not limited to, JWH-030, JWH-145, JWH-146, JWH-307, and JWH-368;
|
| (44) Any compound structurally derived from
| | 1-(1-naphthylmethyl)indene by substitution at the 3-position of the indene ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl whether or not further substituted in the indene ring to any extent, whether or not substituted in the naphthyl ring to any extent. Examples of this structural class include, but are not limited to, JWH-176;
|
| (45) Any compound structurally derived from
| | 3-phenylacetylindole by substitution at the nitrogen atom of the indole ring with alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether or not further substituted in the indole ring to any extent, whether or not substituted in the phenyl ring to any extent. Examples of this structural class include, but are not limited to, JWH-167, JWH-250, JWH-251, and RCS-8;
|
| (46) Any compound structurally derived from
| | 2-(3-hydroxycyclohexyl)phenol by substitution at the 5-position of the phenolic ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether or not substituted in the cyclohexyl ring to any extent. Examples of this structural class include, but are not limited to, CP 47, 497 and its C8 homologue (cannabicyclohexanol);
|
| (46.1) Any compound structurally derived from
| | 3-(benzoyl) indole with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent. Examples of this structural class include, but are not limited to, AM-630, AM-2233, AM-694, Pravadoline (WIN 48,098), and RCS-4;
|
| (47) (Blank);
(48) (Blank);
(49) (Blank);
(50) (Blank);
(51) (Blank);
(52) (Blank);
(53) 2,5-Dimethoxy-4-(n)-propylthio-phenethylamine.
| | Some trade or other names: 2C-T-7;
|
| (53.1) 4-ethyl-2,5-dimethoxyphenethylamine. Some
| | trade or other names: 2C-E;
|
| (53.2) 2,5-dimethoxy-4-methylphenethylamine. Some
| | trade or other names: 2C-D;
|
| (53.3) 4-chloro-2,5-dimethoxyphenethylamine. Some
| | trade or other names: 2C-C;
|
| (53.4) 4-iodo-2,5-dimethoxyphenethylamine. Some trade
| | (53.5) 4-ethylthio-2,5-dimethoxyphenethylamine. Some
| | trade or other names: 2C-T-2;
|
| (53.6) 2,5-dimethoxy-4-isopropylthio-phenethylamine.
| | Some trade or other names: 2C-T-4;
|
| (53.7) 2,5-dimethoxyphenethylamine. Some trade or
| | (53.8) 2,5-dimethoxy-4-nitrophenethylamine. Some
| | trade or other names: 2C-N;
|
| (53.9) 2,5-dimethoxy-4-(n)-propylphenethylamine. Some
| | trade or other names: 2C-P;
|
| (53.10) 2,5-dimethoxy-3,4-dimethylphenethylamine.
| | Some trade or other names: 2C-G;
|
| (53.11) The N-(2-methoxybenzyl) derivative of any 2C
| | phenethylamine referred to in subparagraphs (20.1), (53), (53.1), (53.2), (53.3), (53.4), (53.5), (53.6), (53.7), (53.8), (53.9), and (53.10) including, but not limited to, 25I-NBOMe and 25C-NBOMe;
|
| (54) 5-Methoxy-N,N-diisopropyltryptamine;
(55) (Blank);
(56) (Blank);
(57) (Blank);
(58) (Blank);
(59) 3-cyclopropoylindole with substitution at the
| | nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether or not further substituted on the indole ring to any extent, whether or not substituted on the cyclopropyl ring to any extent: including, but not limited to, XLR11, UR144, FUB-144;
|
| (60) 3-adamantoylindole with substitution at the
| | nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether or not further substituted on the indole ring to any extent, whether or not substituted on the adamantyl ring to any extent: including, but not limited to, AB-001;
|
| (61) N-(adamantyl)-indole-3-carboxamide with
| | substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether or not further substituted on the indole ring to any extent, whether or not substituted on the adamantyl ring to any extent: including, but not limited to, APICA/2NE-1, STS-135;
|
| (62) N-(adamantyl)-indazole-3-carboxamide with
| | substitution at a nitrogen atom of the indazole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether or not further substituted on the indazole ring to any extent, whether or not substituted on the adamantyl ring to any extent: including, but not limited to, AKB48, 5F-AKB48;
|
| (63) 1H-indole-3-carboxylic acid 8-quinolinyl ester
| | with substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether or not further substituted on the indole ring to any extent, whether or not substituted on the quinoline ring to any extent: including, but not limited to, PB22, 5F-PB22, FUB-PB-22;
|
| (64) 3-(1-naphthoyl)indazole with substitution at
| | the nitrogen atom of the indazole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether or not further substituted on the indazole ring to any extent, whether or not substituted on the naphthyl ring to any extent: including, but not limited to, THJ-018, THJ-2201;
|
| (65) 2-(1-naphthoyl)benzimidazole with substitution
| | at the nitrogen atom of the benzimidazole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether or not further substituted on the benzimidazole ring to any extent, whether or not substituted on the naphthyl ring to any extent: including, but not limited to, FUBIMINA;
|
| (66)
| | N-(1-amino-3-methyl-1-oxobutan-2-yl)-1H-indazole- 3-carboxamide with substitution on the nitrogen atom of the indazole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether or not further substituted on the indazole ring to any extent: including, but not limited to, AB-PINACA, AB-FUBINACA, AB-CHMINACA;
|
| (67) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1H-
| | indazole-3-carboxamide with substitution on the nitrogen atom of the indazole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether or not further substituted on the indazole ring to any extent: including, but not limited to, ADB-PINACA, ADB-FUBINACA;
|
| (68) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1H-
| | indole-3-carboxamide with substitution on the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether or not further substituted on the indole ring to any extent: including, but not limited to, ADBICA, 5F-ADBICA;
|
| (69) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1H-indole-
| | 3-carboxamide with substitution on the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether or not further substituted on the indole ring to any extent: including, but not limited to, ABICA, 5F-ABICA;
|
| (70) Methyl 2-(1H-indazole-3-carboxamido)-3-
| | methylbutanoate with substitution on the nitrogen atom of the indazole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether or not further substituted on the indazole ring to any extent: including, but not limited to, AMB, 5F-AMB;
|
| (71) Methyl 2-(1H-indazole-3-carboxamido)-3,3-
| | dimethylbutanoate with substitution on the nitrogen atom of the indazole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether or not further substituted on the indazole ring to any extent: including, but not limited to, 5-fluoro-MDMB-PINACA, MDMB-FUBINACA;
|
| (72) Methyl 2-(1H-indole-3-carboxamido)-3-
| | methylbutanoate with substitution on the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether or not further substituted on the indazole ring to any extent: including, but not limited to, MMB018, MMB2201, and AMB-CHMICA;
|
| (73) Methyl 2-(1H-indole-3-carboxamido)-3,3-
| | dimethylbutanoate with substitution on the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether or not further substituted on the indazole ring to any extent: including, but not limited to, MDMB-CHMICA;
|
| (74) N-(1-Amino-1-oxo-3-phenylpropan-2-yl)-1H-
| | indazole-3-carboxamide with substitution on the nitrogen atom of the indazole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether or not further substituted on the indazole ring to any extent: including, but not limited to, APP-CHMINACA,
5-fluoro-APP-PINACA;
|
| (75) N-(1-Amino-1-oxo-3-phenylpropan-2-yl)-1H-indole-
| | 3-carboxamide with substitution on the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether or not further substituted on the indazole ring to any extent: including, but not limited to, APP-PICA and 5-fluoro-APP-PICA;
|
| (76) 4-Acetoxy-N,N-dimethyltryptamine: trade name
| | (77) 5-Methoxy-N-methyl-N-isopropyltryptamine: trade
| | (78) 4-hydroxy Diethyltryptamine (4-HO-DET);
(79) 4-hydroxy-N-methyl-N-ethyltryptamine (4-HO-MET);
(80) 4-hydroxy-N,N-diisopropyltryptamine (4-HO-DiPT);
(81) 4-hydroxy-N-methyl-N-isopropyltryptamine
| | (82) Fluorophenylpiperazine;
(83) Methoxetamine;
(84) 1-(Ethylamino)-2-phenylpropan-2-one (iso-
| | (e) Unless specifically excepted or unless listed in another
schedule, any material, compound, mixture, or preparation which contains
any quantity of the following substances having a depressant effect on
the central nervous system, including its salts, isomers, and salts of
isomers whenever the existence of such salts, isomers, and salts of
isomers is possible within the specific chemical designation:
(1) mecloqualone;
(2) methaqualone; and
(3) gamma hydroxybutyric acid.
(f) Unless specifically excepted or unless listed in another schedule,
any material, compound, mixture, or preparation which contains any quantity
of the following substances having a stimulant effect on the central nervous
system, including its salts, isomers, and salts of isomers:
(1) Fenethylline;
(2) N-ethylamphetamine;
(3) Aminorex (some other names:
2-amino-5-phenyl-2-oxazoline; aminoxaphen;
4-5-dihydro-5-phenyl-2-oxazolamine) and its
salts, optical isomers, and salts of optical isomers;
(4) Methcathinone (some other names:
2-methylamino-1-phenylpropan-1-one;
Ephedrone; 2-(methylamino)-propiophenone;
alpha-(methylamino)propiophenone; N-methylcathinone;
methycathinone; Monomethylpropion; UR 1431) and its
salts, optical isomers, and salts of optical isomers;
(5) Cathinone (some trade or other names:
2-aminopropiophenone; alpha-aminopropiophenone;
2-amino-1-phenyl-propanone; norephedrone);
(6) N,N-dimethylamphetamine (also known as:
N,N-alpha-trimethyl-benzeneethanamine;
N,N-alpha-trimethylphenethylamine);
(7) (+ or -) cis-4-methylaminorex ((+ or -) cis-
4,5-dihydro-4-methyl-4-5-phenyl-2-oxazolamine);
(8) 3,4-Methylenedioxypyrovalerone (MDPV);
(9) Halogenated amphetamines and
methamphetamines - any compound derived from either
amphetamine or methamphetamine through the substitution
of a halogen on the phenyl ring, including, but not
limited to, 2-fluoroamphetamine, 3-
fluoroamphetamine and 4-fluoroamphetamine;
(10) Aminopropylbenzofuran (APB):
including 4-(2-Aminopropyl) benzofuran, 5-
(2-Aminopropyl)benzofuran, 6-(2-Aminopropyl)
benzofuran, and 7-(2-Aminopropyl) benzofuran;
(11) Aminopropyldihydrobenzofuran (APDB):
including 4-(2-Aminopropyl)-2,3- dihydrobenzofuran,
5-(2-Aminopropyl)-2, 3-dihydrobenzofuran,
6-(2-Aminopropyl)-2,3-dihydrobenzofuran,
and 7-(2-Aminopropyl)-2,3-dihydrobenzofuran;
(12) Methylaminopropylbenzofuran
(MAPB): including 4-(2-methylaminopropyl)
benzofuran, 5-(2-methylaminopropyl)benzofuran,
6-(2-methylaminopropyl)benzofuran
and 7-(2-methylaminopropyl)benzofuran.
(g) Temporary listing of substances subject to emergency scheduling.
Any material, compound, mixture, or preparation that contains any quantity
of the following substances:
(1) N-[1-benzyl-4-piperidyl]-N-phenylpropanamide
| | (benzylfentanyl), its optical isomers, isomers, salts, and salts of isomers;
|
| (2) N-[1(2-thienyl) methyl-4-piperidyl]-N-
| | phenylpropanamide (thenylfentanyl), its optical isomers, salts, and salts of isomers.
|
| (h) Synthetic cathinones. Unless specifically excepted, any chemical compound which is not approved by the United States Food and Drug Administration or, if approved, is not dispensed or possessed in accordance with State or federal law, not including bupropion, structurally derived from 2-aminopropan-1-one by substitution at the 1-position with either phenyl, naphthyl, or thiophene ring systems, whether or not the compound is further modified in one or more of the following ways:
(1) by substitution in the ring system to any extent
| | with alkyl, alkylenedioxy, alkoxy, haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the ring system by one or more other univalent substituents. Examples of this class include, but are not limited to, 3,4-Methylenedioxycathinone (bk-MDA);
|
| (2) by substitution at the 3-position with an acyclic
| | alkyl substituent. Examples of this class include, but are not limited to, 2-methylamino-1-phenylbutan-1-one (buphedrone); or
|
| (3) by substitution at the 2-amino nitrogen atom with
| | alkyl, dialkyl, benzyl, or methoxybenzyl groups, or by inclusion of the 2-amino nitrogen atom in a cyclic structure. Examples of this class include, but are not limited to, Dimethylcathinone, Ethcathinone, and a-Pyrrolidinopropiophenone (a-PPP); or
|
| Any other synthetic cathinone which is not approved by the United States Food and Drug Administration or, if approved, is not dispensed or possessed in accordance with State or federal law.
(i) Synthetic cannabinoids or piperazines. Any synthetic cannabinoid or piperazine which is not approved by the United States Food and Drug Administration or, if approved, which is not dispensed or possessed in accordance with State and federal law.
(j) Unless specifically excepted or listed in another schedule, any chemical compound which is not approved by the United States Food and Drug Administration or, if approved, is not dispensed or possessed in accordance with State or federal law, and is derived from the following structural classes and their salts:
(1) Benzodiazepine class: A fused 1,4-diazepine and
| | benzene ring structure with a phenyl connected to the 1,4-diazepine ring, with any substitution(s) or replacement(s) on the 1,4-diazepine or benzene ring, any substitution(s) on the phenyl ring, or any combination thereof. Examples of this class include but are not limited to: Clonazolam, Flualprazolam; or
|
| (2) Thienodiazepine class: A fused 1,4-diazepine and
| | thiophene ring structure with a phenyl connected to the 1,4-diazepine ring, with any substitution(s) or replacement(s) on the 1,4-diazepine or thiophene ring, any substitution(s) on the phenyl ring, or any combination thereof. Examples of this class include but are not limited to: Etizolam.
|
| (Source: P.A. 103-245, eff. 1-1-24.)
|
720 ILCS 570/205 (720 ILCS 570/205) (from Ch. 56 1/2, par. 1205) (Text of Section before amendment by P.A. 103-881) Sec. 205. The Department, taking into consideration the recommendations of its Prescription Monitoring Program Advisory Committee, may issue a rule scheduling a substance
in Schedule II if
it finds that: (1) the substance has high potential for abuse; (2) the substance has currently accepted medical use | | in treatment in the United States, or currently accepted medical use with severe restrictions; and
|
| (3) the abuse of the substance may lead to severe
| | psychological or physiological dependence.
|
| (Source: P.A. 97-334, eff. 1-1-12.)
(Text of Section after amendment by P.A. 103-881)
Sec. 205. The Department, taking into consideration the recommendations of its Prescription Monitoring Program Advisory Committee, may issue a rule scheduling a substance in Schedule II if it finds that:
(1) the substance has high potential for misuse;
(2) the substance has currently accepted medical use
| | in treatment in the United States, or currently accepted medical use with severe restrictions; and
|
| (3) the misuse of the substance may lead to severe
| | psychological or physiological dependence.
|
| (Source: P.A. 103-881, eff. 1-1-25.)
|
720 ILCS 570/206
(720 ILCS 570/206) (from Ch. 56 1/2, par. 1206)
Sec. 206. (a) The controlled substances listed in this Section are
included in Schedule II.
(b) Unless specifically excepted or unless listed in another
schedule, any of the following substances whether produced directly or
indirectly by extraction from substances of vegetable origin, or
independently by means of chemical synthesis, or by combination of
extraction and chemical synthesis:
(1) Opium and opiates, and any salt, compound, | | derivative or preparation of opium or opiate, excluding apomorphine, dextrorphan, levopropoxyphene, nalbuphine, nalmefene, naloxone, and naltrexone, and their respective salts, but including the following:
|
|
(i) Raw Opium;
(ii) Opium extracts;
(iii) Opium fluid extracts;
(iv) Powdered opium;
(v) Granulated opium;
(vi) Tincture of opium;
(vii) Codeine;
(viii) Ethylmorphine;
(ix) Etorphine Hydrochloride;
(x) Hydrocodone;
(xi) Hydromorphone;
(xii) Metopon;
(xiii) Morphine;
(xiii.5) 6-Monoacetylmorphine;
(xiv) Oxycodone;
(xv) Oxymorphone;
(xv.5) Tapentadol;
(xvi) Thebaine;
(xvii) Thebaine-derived butorphanol.
(xviii) Methorphan, except drug products
| | containing dextromethorphan that may be dispensed pursuant to a prescription order of a practitioner and are sold in compliance with the safety and labeling standards as set forth by the United States Food and Drug Administration, or drug products containing dextromethorphan that are sold in solid, tablet, liquid, capsule, powder, thin film, or gel form and which are formulated, packaged, and sold in dosages and concentrations for use as an over-the-counter drug product. For the purposes of this Section, "over-the-counter drug product" means a drug that is available to consumers without a prescription and sold in compliance with the safety and labeling standards as set forth by the United States Food and Drug Administration.
|
| (2) Any salt, compound, isomer, derivative or
| | preparation thereof which is chemically equivalent or identical with any of the substances referred to in subparagraph (1), but not including the isoquinoline alkaloids of opium;
|
|
(3) Opium poppy and poppy straw;
(4) Coca leaves and any salt, compound, isomer, salt
| | of an isomer, derivative, or preparation of coca leaves including cocaine or ecgonine, and any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine (for the purpose of this paragraph, the term "isomer" includes optical, positional and geometric isomers);
|
|
(5) Concentrate of poppy straw (the crude extract of
| | poppy straw in either liquid, solid or powder form which contains the phenanthrine alkaloids of the opium poppy).
|
|
(c) Unless specifically excepted or unless listed in another
schedule any of the following opiates, including their isomers, esters,
ethers, salts, and salts of isomers, whenever the existence of these
isomers, esters, ethers and salts is possible within the specific
chemical designation, dextrorphan excepted:
(1) Alfentanil;
(1.1) Carfentanil;
(1.2) Thiafentanyl;
(2) Alphaprodine;
(3) Anileridine;
(4) Bezitramide;
(5) Bulk Dextropropoxyphene (non-dosage forms);
(6) Dihydrocodeine;
(7) Diphenoxylate;
(8) Fentanyl;
(9) Sufentanil;
(9.5) Remifentanil;
(10) Isomethadone;
(11) (Blank);
(12) Levorphanol (Levorphan);
(13) Metazocine;
(14) Methadone;
(15) Methadone-Intermediate,
4-cyano-2-dimethylamino-4,4-diphenyl-1-butane;
(16) Moramide-Intermediate,
2-methyl-3-morpholino-1,1-diphenylpropane-carboxylic
acid;
(17) Pethidine (meperidine);
(18) Pethidine-Intermediate-A,
4-cyano-1-methyl-4-phenylpiperidine;
(19) Pethidine-Intermediate-B,
ethyl-4-phenylpiperidine-4-carboxylate;
(20) Pethidine-Intermediate-C,
1-methyl-4-phenylpiperidine-4-carboxylic acid;
(21) Phenazocine;
(22) Piminodine;
(23) Racemethorphan;
(24) (Blank);
(25) Levo-alphacetylmethadol (some other names:
| | levo-alpha-acetylmethadol, levomethadyl acetate, LAAM).
|
|
(d) Unless specifically excepted or unless listed in another
schedule, any material, compound, mixture, or preparation which contains
any quantity of the following substances having a stimulant effect on
the central nervous system:
(1) Amphetamine, its salts, optical isomers, and
| | salts of its optical isomers;
|
|
(2) Methamphetamine, its salts, isomers, and salts of
| |
(3) Phenmetrazine and its salts;
(4) Methylphenidate;
(5) Lisdexamfetamine.
(e) Unless specifically excepted or unless listed in another
schedule, any material, compound, mixture, or preparation which contains
any quantity of the following substances having a depressant effect on
the central nervous system, including its salts, isomers, and salts of
isomers whenever the existence of such salts, isomers, and salts of
isomers is possible within the specific chemical designation:
(1) Amobarbital;
(2) Secobarbital;
(3) Pentobarbital;
(4) Pentazocine;
(5) Phencyclidine;
(6) Gluthethimide;
(7) (Blank).
(f) Unless specifically excepted or unless listed in another schedule,
any material, compound, mixture, or preparation which contains any quantity
of the following substances:
(1) Immediate precursor to amphetamine and
| |
(i) Phenylacetone
Some trade or other names: phenyl-2-propanone;
P2P; benzyl methyl ketone; methyl benzyl ketone.
(2) Immediate precursors to phencyclidine:
(i) 1-phenylcyclohexylamine;
(ii) 1-piperidinocyclohexanecarbonitrile (PCC).
(3) Nabilone.
(Source: P.A. 100-368, eff. 1-1-18.)
|
720 ILCS 570/207 (720 ILCS 570/207) (from Ch. 56 1/2, par. 1207) (Text of Section before amendment by P.A. 103-881) Sec. 207. The Department, taking into consideration the recommendations of its Prescription Monitoring Program Advisory Committee, may issue a rule scheduling a substance
in Schedule III
if it finds that: (1) the substance has a potential for abuse less than | | the substances listed in Schedule I and II;
|
| (2) the substance has currently accepted medical use
| | in treatment in the United States; and
|
| (3) abuse of the substance may lead to moderate or
| | low physiological dependence or high psychological dependence.
|
| (Source: P.A. 97-334, eff. 1-1-12.)
(Text of Section after amendment by P.A. 103-881)
Sec. 207. The Department, taking into consideration the recommendations of its Prescription Monitoring Program Advisory Committee, may issue a rule scheduling a substance in Schedule III if it finds that:
(1) the substance has a potential for misuse less
| | than the substances listed in Schedule I and II;
|
| (2) the substance has currently accepted medical use
| | in treatment in the United States; and
|
| (3) misuse of the substance may lead to moderate or
| | low physiological dependence or high psychological dependence.
|
| (Source: P.A. 103-881, eff. 1-1-25.)
|
720 ILCS 570/208 (720 ILCS 570/208) (from Ch. 56 1/2, par. 1208) (Text of Section before amendment by P.A. 103-881) Sec. 208. (a) The controlled substances listed in this Section are
included in Schedule III. (b) Unless specifically excepted or unless listed in another
schedule, any material, compound, mixture, or preparation which contains
any quantity of the following substances having a stimulant effect on
the central nervous system, including its salts, isomers (whether
optical position, or geometric), and salts of such isomers whenever the
existence of such salts, isomers, and salts of isomers is possible
within the specific chemical designation; (1) Those compounds, mixtures, or preparations in | | dosage unit form containing any stimulant substances listed in Schedule II which compounds, mixtures, or preparations were listed on August 25, 1971, as excepted compounds under Title 21, Code of Federal Regulations, Section 308.32, and any other drug of the quantitative composition shown in that list for those drugs or which is the same except that it contains a lesser quantity of controlled substances;
|
| (2) Benzphetamine;
(3) Chlorphentermine;
(4) Clortermine;
(5) Phendimetrazine.
(c) Unless specifically excepted or unless listed in another
schedule, any material, compound, mixture, or preparation which contains
any quantity of the following substances having a potential for abuse
associated with a depressant effect on the central nervous system:
(1) Any compound, mixture, or preparation containing
| | amobarbital, secobarbital, pentobarbital or any salt thereof and one or more other active medicinal ingredients which are not listed in any schedule;
|
| (2) Any suppository dosage form containing
| | amobarbital, secobarbital, pentobarbital or any salt of any of these drugs and approved by the Federal Food and Drug Administration for marketing only as a suppository;
|
| (3) Any substance which contains any quantity of a
| | derivative of barbituric acid, or any salt thereof:
|
| (3.1) Aprobarbital;
(3.2) Butabarbital (secbutabarbital);
(3.3) Butalbital;
(3.4) Butobarbital (butethal);
(4) Chlorhexadol;
(5) Methyprylon;
(6) Sulfondiethylmethane;
(7) Sulfonethylmethane;
(8) Sulfonmethane;
(9) Lysergic acid;
(10) Lysergic acid amide;
(10.1) Tiletamine or zolazepam or both, or any salt
| | Some trade or other names for a tiletamine-zolazepam
combination product: Telazol.
Some trade or other names for Tiletamine:
2-(ethylamino)-2-(2-thienyl)-cyclohexanone.
Some trade or other names for zolazepam:
4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethylpyrazolo-
[3,4-e], [1,4]-diazepin-7(1H)-one, and flupyrazapon.
(11) Any material, compound, mixture or preparation
| | containing not more than 12.5 milligrams of pentazocine or any of its salts, per 325 milligrams of aspirin;
|
| (12) Any material, compound, mixture or preparation
| | containing not more than 12.5 milligrams of pentazocine or any of its salts, per 325 milligrams of acetaminophen;
|
| (13) Any material, compound, mixture or preparation
| | containing not more than 50 milligrams of pentazocine or any of its salts plus naloxone HCl USP 0.5 milligrams, per dosage unit;
|
| (14) Ketamine;
(15) Thiopental.
(d) Nalorphine.
(d.5) Buprenorphine.
(e) Unless specifically excepted or unless listed in another
schedule, any material, compound, mixture, or preparation containing
limited quantities of any of the following narcotic drugs, or their salts
calculated as the free anhydrous base or alkaloid, as set forth below:
(1) not more than 1.8 grams of codeine per 100
| | milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium;
|
| (2) not more than 1.8 grams of codeine per 100
| | milliliters or not more than 90 milligrams per dosage unit, with one or more active non-narcotic ingredients in recognized therapeutic amounts;
|
| (3) (blank);
(4) (blank);
(5) not more than 1.8 grams of dihydrocodeine per 100
| | milliliters or not more than 90 milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeutic amounts;
|
| (6) not more than 300 milligrams of ethylmorphine per
| | 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeutic amounts;
|
| (7) not more than 500 milligrams of opium per 100
| | milliliters or per 100 grams, or not more than 25 milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeutic amounts;
|
| (8) not more than 50 milligrams of morphine per 100
| | milliliters or per 100 grams with one or more active, non-narcotic ingredients in recognized therapeutic amounts.
|
| (f) Anabolic steroids, except the following anabolic steroids that are
exempt:
(1) Androgyn L.A.;
(2) Andro-Estro 90-4;
(3) depANDROGYN;
(4) DEPO-T.E.;
(5) depTESTROGEN;
(6) Duomone;
(7) DURATESTRIN;
(8) DUO-SPAN II;
(9) Estratest;
(10) Estratest H.S.;
(11) PAN ESTRA TEST;
(12) Premarin with Methyltestosterone;
(13) TEST-ESTRO Cypionates;
(14) Testosterone Cyp 50 Estradiol Cyp 2;
(15) Testosterone Cypionate-Estradiol Cypionate
| | (16) Testosterone Enanthate-Estradiol Valerate
| | (g) Hallucinogenic
substances.
(1) Dronabinol (synthetic) in sesame oil and
| | encapsulated in a soft gelatin capsule in a U.S. Food and Drug Administration approved product. Some other names for dronabinol: (6aR-trans)-6a,7,8,10a-tetrahydro- 6,6,9-trimethyl-3-pentyl-6H-dibenzo (b,d) pyran-1-ol) or (-)-delta-9-(trans)-tetrahydrocannabinol.
|
| (2) (Reserved).
(h) The Department may except by rule any compound, mixture, or
preparation containing any stimulant or depressant substance listed in
subsection (b) from the application of all or any part of this
Act if the compound, mixture, or preparation contains one or more active
medicinal ingredients not having a stimulant or depressant effect on the
central nervous system, and if the admixtures are included therein in
combinations, quantity, proportion, or concentration that vitiate the
potential for abuse of the substances which have a stimulant or
depressant effect on the central nervous system.
(Source: P.A. 100-368, eff. 1-1-18.)
(Text of Section after amendment by P.A. 103-881)
Sec. 208. (a) The controlled substances listed in this Section are included in Schedule III.
(b) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers (whether optical position, or geometric), and salts of such isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation;
(1) Those compounds, mixtures, or preparations in
| | dosage unit form containing any stimulant substances listed in Schedule II which compounds, mixtures, or preparations were listed on August 25, 1971, as excepted compounds under Title 21, Code of Federal Regulations, Section 308.32, and any other drug of the quantitative composition shown in that list for those drugs or which is the same except that it contains a lesser quantity of controlled substances;
|
| (2) Benzphetamine;
(3) Chlorphentermine;
(4) Clortermine;
(5) Phendimetrazine.
(c) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for misuse associated with a depressant effect on the central nervous system:
(1) Any compound, mixture, or preparation containing
| | amobarbital, secobarbital, pentobarbital or any salt thereof and one or more other active medicinal ingredients which are not listed in any schedule;
|
| (2) Any suppository dosage form containing
| | amobarbital, secobarbital, pentobarbital or any salt of any of these drugs and approved by the Federal Food and Drug Administration for marketing only as a suppository;
|
| (3) Any substance which contains any quantity of a
| | derivative of barbituric acid, or any salt thereof:
|
| (3.1) Aprobarbital;
(3.2) Butabarbital (secbutabarbital);
(3.3) Butalbital;
(3.4) Butobarbital (butethal);
(4) Chlorhexadol;
(5) Methyprylon;
(6) Sulfondiethylmethane;
(7) Sulfonethylmethane;
(8) Sulfonmethane;
(9) Lysergic acid;
(10) Lysergic acid amide;
(10.1) Tiletamine or zolazepam or both, or any salt
| | Some trade or other names for a tiletamine-zolazepam
combination product: Telazol.
Some trade or other names for Tiletamine:
2-(ethylamino)-2-(2-thienyl)-cyclohexanone.
Some trade or other names for zolazepam:
4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethylpyrazolo-
[3,4-e], [1,4]-diazepin-7(1H)-one, and flupyrazapon.
(11) Any material, compound, mixture or preparation
| | containing not more than 12.5 milligrams of pentazocine or any of its salts, per 325 milligrams of aspirin;
|
| (12) Any material, compound, mixture or preparation
| | containing not more than 12.5 milligrams of pentazocine or any of its salts, per 325 milligrams of acetaminophen;
|
| (13) Any material, compound, mixture or preparation
| | containing not more than 50 milligrams of pentazocine or any of its salts plus naloxone HCl USP 0.5 milligrams, per dosage unit;
|
| (14) Ketamine;
(15) Thiopental.
(d) Nalorphine.
(d.5) Buprenorphine.
(e) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, as set forth below:
(1) not more than 1.8 grams of codeine per 100
| | milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium;
|
| (2) not more than 1.8 grams of codeine per 100
| | milliliters or not more than 90 milligrams per dosage unit, with one or more active non-narcotic ingredients in recognized therapeutic amounts;
|
| (3) (blank);
(4) (blank);
(5) not more than 1.8 grams of dihydrocodeine per 100
| | milliliters or not more than 90 milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeutic amounts;
|
| (6) not more than 300 milligrams of ethylmorphine per
| | 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeutic amounts;
|
| (7) not more than 500 milligrams of opium per 100
| | milliliters or per 100 grams, or not more than 25 milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeutic amounts;
|
| (8) not more than 50 milligrams of morphine per 100
| | milliliters or per 100 grams with one or more active, non-narcotic ingredients in recognized therapeutic amounts.
|
| (f) Anabolic steroids, except the following anabolic steroids that are exempt:
(1) Androgyn L.A.;
(2) Andro-Estro 90-4;
(3) depANDROGYN;
(4) DEPO-T.E.;
(5) depTESTROGEN;
(6) Duomone;
(7) DURATESTRIN;
(8) DUO-SPAN II;
(9) Estratest;
(10) Estratest H.S.;
(11) PAN ESTRA TEST;
(12) Premarin with Methyltestosterone;
(13) TEST-ESTRO Cypionates;
(14) Testosterone Cyp 50 Estradiol Cyp 2;
(15) Testosterone Cypionate-Estradiol Cypionate
| | (16) Testosterone Enanthate-Estradiol Valerate
| | (g) Hallucinogenic substances.
(1) Dronabinol (synthetic) in sesame oil and
| | encapsulated in a soft gelatin capsule in a U.S. Food and Drug Administration approved product. Some other names for dronabinol: (6aR-trans)-6a,7,8,10a-tetrahydro- 6,6,9-trimethyl-3-pentyl-6H-dibenzo (b,d) pyran-1-ol) or (-)-delta-9-(trans)-tetrahydrocannabinol.
|
| (2) (Reserved).
(h) The Department may except by rule any compound, mixture, or preparation containing any stimulant or depressant substance listed in subsection (b) from the application of all or any part of this Act if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a stimulant or depressant effect on the central nervous system, and if the admixtures are included therein in combinations, quantity, proportion, or concentration that vitiate the potential for misuse of the substances which have a stimulant or depressant effect on the central nervous system.
(Source: P.A. 103-881, eff. 1-1-25.)
|
720 ILCS 570/209 (720 ILCS 570/209) (from Ch. 56 1/2, par. 1209) (Text of Section before amendment by P.A. 103-881) Sec. 209. The Department, taking into consideration the recommendations of its Prescription Monitoring Program Advisory Committee, may issue a rule scheduling a substance
in Schedule IV if
it finds that: (1) the substance has a low potential for abuse | | relative to substances in Schedule III;
|
| (2) the substance has currently accepted medical use
| | in treatment in the United States; and
|
| (3) abuse of the substance may lead to limited
| | physiological dependence or psychological dependence relative to the substances in Schedule III.
|
| (Source: P.A. 97-334, eff. 1-1-12.)
(Text of Section after amendment by P.A. 103-881)
Sec. 209. The Department, taking into consideration the recommendations of its Prescription Monitoring Program Advisory Committee, may issue a rule scheduling a substance in Schedule IV if it finds that:
(1) the substance has a low potential for misuse
| | relative to substances in Schedule III;
|
| (2) the substance has currently accepted medical use
| | in treatment in the United States; and
|
| (3) misuse of the substance may lead to limited
| | physiological dependence or psychological dependence relative to the substances in Schedule III.
|
| (Source: P.A. 103-881, eff. 1-1-25.)
|
720 ILCS 570/210 (720 ILCS 570/210) (from Ch. 56 1/2, par. 1210) (Text of Section before amendment by P.A. 103-881) Sec. 210. (a) The controlled substances listed in this Section are
included in Schedule IV. (b) Unless specifically excepted or unless listed in another schedule,
any material, compound, mixture, or preparation containing limited quantities
of any of the following narcotic drugs, or their salts calculated as the
free anhydrous base or alkaloid, as set forth below: (1) Not more than 1 milligram of difenoxin (DEA Drug | | Code No. 9618) and not less than 25 micrograms of atropine sulfate per dosage unit.
|
| (2) Dextropropoxyphene (Alpha-(+)-4-dimethylamino-1,
| | 2-diphenyl-3-methyl-2-propionoxybutane).
|
| (c) Unless specifically excepted or unless listed in another
schedule, any material, compound, mixture, or preparation which contains
any quantity of the following substances having a potential for abuse
associated with a depressant effect on the central nervous system:
(1) Alprazolam;
(2) Barbital;
(2.1) Bromazepam;
(2.2) Camazepam;
(2.3) Carisoprodol;
(3) Chloral Betaine;
(4) Chloral Hydrate;
(5) Chlordiazepoxide;
(5.1) Clobazam;
(6) Clonazepam;
(7) Clorazepate;
(7.1) Clotiazepam;
(7.2) Cloxazolam;
(7.3) Delorazepam;
(8) Diazepam;
(8.05) Dichloralphenazone;
(8.1) Estazolam;
(9) Ethchlorvynol;
(10) Ethinamate;
(10.1) Ethyl loflazepate;
(10.2) Fludiazepam;
(10.3) Flunitrazepam;
(11) Flurazepam;
(11.1) Fospropofol;
(12) Halazepam;
(12.1) Haloxazolam;
(12.2) Ketazolam;
(12.3) Loprazolam;
(13) Lorazepam;
(13.1) Lormetazepam;
(14) Mebutamate;
(14.1) Medazepam;
(15) Meprobamate;
(16) Methohexital;
(17) Methylphenobarbital (Mephobarbital);
(17.1) Midazolam;
(17.2) Nimetazepam;
(17.3) Nitrazepam;
(17.4) Nordiazepam;
(18) Oxazepam;
(18.1) Oxazolam;
(19) Paraldehyde;
(20) Petrichloral;
(21) Phenobarbital;
(21.1) Pinazepam;
(22) Prazepam;
(22.1) Quazepam;
(23) Temazepam;
(23.1) Tetrazepam;
(23.2) Tramadol;
(24) Triazolam;
(24.5) Zaleplon;
(25) Zolpidem;
(26) Zopiclone.
(d) Any material, compound, mixture, or preparation which contains
any quantity of the following substances, including its salts, isomers
(whether optical, position, or geometric), and salts of such isomers,
whenever the existence of such salts, isomers and salts of isomers is
possible:
(1) Fenfluramine.
(e) Unless specifically excepted or unless listed in another
schedule any material, compound, mixture, or preparation which contains
any quantity of the following substances having a stimulant effect on
the central nervous system, including its salts, isomers (whether
optical, position or geometric), and salts of such isomers whenever the
existence of such salts, isomers, and salts of isomers is possible
within the specific chemical designation:
(1) Cathine ((+)-norpseudoephedrine);
(1.1) Diethylpropion;
(1.2) Fencamfamin;
(1.3) Fenproporex;
(2) Mazindol;
(2.1) Mefenorex;
(3) Phentermine;
(4) Pemoline (including organometallic complexes and
| | (5) Pipradrol;
(6) SPA ((-)-1-dimethylamino-1, 2-diphenylethane);
(7) Modafinil;
(8) Sibutramine.
(f) Other Substances. Unless specifically excepted or unless listed in
another schedule, any material,
compound,
mixture, or preparation that contains any quantity of the following substance,
including its
salts:
(1) Butorphanol (including its optical isomers).
(g) The Department may except by rule any compound, mixture, or
preparation containing any depressant substance listed in subsection (b)
from the application of all or any part of this Act if the compound,
mixture, or preparation contains one or more active medicinal
ingredients not having a depressant effect on the central nervous
system, and if the admixtures are included therein in combinations,
quantity, proportion, or concentration that vitiate the potential for
abuse of the substances which have a depressant effect on the central
nervous system.
(h) Except as otherwise provided in Section 216, any material, compound,
mixture, or preparation that contains any
quantity of the following substance having a stimulant effect on the central
nervous system, including its salts, enantiomers (optical isomers) and salts of
enantiomers (optical isomers):
(1) Ephedrine, its salts, optical isomers and salts
| | (Source: P.A. 97-334, eff. 1-1-12.)
(Text of Section after amendment by P.A. 103-881)
Sec. 210. (a) The controlled substances listed in this Section are included in Schedule IV.
(b) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, as set forth below:
(1) Not more than 1 milligram of difenoxin (DEA Drug
| | Code No. 9618) and not less than 25 micrograms of atropine sulfate per dosage unit.
|
| (2) Dextropropoxyphene (Alpha-(+)-4-dimethylamino-1,
| | 2-diphenyl-3-methyl-2-propionoxybutane).
|
| (c) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for misuse associated with a depressant effect on the central nervous system:
(1) Alprazolam;
(2) Barbital;
(2.1) Bromazepam;
(2.2) Camazepam;
(2.3) Carisoprodol;
(3) Chloral Betaine;
(4) Chloral Hydrate;
(5) Chlordiazepoxide;
(5.1) Clobazam;
(6) Clonazepam;
(7) Clorazepate;
(7.1) Clotiazepam;
(7.2) Cloxazolam;
(7.3) Delorazepam;
(8) Diazepam;
(8.05) Dichloralphenazone;
(8.1) Estazolam;
(9) Ethchlorvynol;
(10) Ethinamate;
(10.1) Ethyl loflazepate;
(10.2) Fludiazepam;
(10.3) Flunitrazepam;
(11) Flurazepam;
(11.1) Fospropofol;
(12) Halazepam;
(12.1) Haloxazolam;
(12.2) Ketazolam;
(12.3) Loprazolam;
(13) Lorazepam;
(13.1) Lormetazepam;
(14) Mebutamate;
(14.1) Medazepam;
(15) Meprobamate;
(16) Methohexital;
(17) Methylphenobarbital (Mephobarbital);
(17.1) Midazolam;
(17.2) Nimetazepam;
(17.3) Nitrazepam;
(17.4) Nordiazepam;
(18) Oxazepam;
(18.1) Oxazolam;
(19) Paraldehyde;
(20) Petrichloral;
(21) Phenobarbital;
(21.1) Pinazepam;
(22) Prazepam;
(22.1) Quazepam;
(23) Temazepam;
(23.1) Tetrazepam;
(23.2) Tramadol;
(24) Triazolam;
(24.5) Zaleplon;
(25) Zolpidem;
(26) Zopiclone.
(d) Any material, compound, mixture, or preparation which contains any quantity of the following substances, including its salts, isomers (whether optical, position, or geometric), and salts of such isomers, whenever the existence of such salts, isomers and salts of isomers is possible:
(1) Fenfluramine.
(e) Unless specifically excepted or unless listed in another schedule any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers (whether optical, position or geometric), and salts of such isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
(1) Cathine ((+)-norpseudoephedrine);
(1.1) Diethylpropion;
(1.2) Fencamfamin;
(1.3) Fenproporex;
(2) Mazindol;
(2.1) Mefenorex;
(3) Phentermine;
(4) Pemoline (including organometallic complexes and
| | (5) Pipradrol;
(6) SPA ((-)-1-dimethylamino-1, 2-diphenylethane);
(7) Modafinil;
(8) Sibutramine.
(f) Other Substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substance, including its salts:
(1) Butorphanol (including its optical isomers).
(g) The Department may except by rule any compound, mixture, or preparation containing any depressant substance listed in subsection (b) from the application of all or any part of this Act if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a depressant effect on the central nervous system, and if the admixtures are included therein in combinations, quantity, proportion, or concentration that vitiate the potential for misuse of the substances which have a depressant effect on the central nervous system.
(h) Except as otherwise provided in Section 216, any material, compound, mixture, or preparation that contains any quantity of the following substance having a stimulant effect on the central nervous system, including its salts, enantiomers (optical isomers) and salts of enantiomers (optical isomers):
(1) Ephedrine, its salts, optical isomers and salts
| | (Source: P.A. 103-881, eff. 1-1-25.)
|
720 ILCS 570/211 (720 ILCS 570/211) (from Ch. 56 1/2, par. 1211) (Text of Section before amendment by P.A. 103-881) Sec. 211. The Department, taking into consideration the recommendations of its Prescription Monitoring Program Advisory Committee, may issue a rule scheduling a substance
in Schedule V if
it finds that: (1) the substance has low potential for abuse | | relative to the controlled substances listed in Schedule IV;
|
| (2) the substance has currently accepted medical use
| | in treatment in the United States; and
|
| (3) abuse of the substance may lead to limited
| | physiological dependence or psychological dependence relative to the substances in Schedule IV, or the substance is a targeted methamphetamine precursor as defined in the Methamphetamine Precursor Control Act.
|
| (Source: P.A. 97-334, eff. 1-1-12.)
(Text of Section after amendment by P.A. 103-881)
Sec. 211. The Department, taking into consideration the recommendations of its Prescription Monitoring Program Advisory Committee, may issue a rule scheduling a substance in Schedule V if it finds that:
(1) the substance has low potential for misuse
| | relative to the controlled substances listed in Schedule IV;
|
| (2) the substance has currently accepted medical use
| | in treatment in the United States; and
|
| (3) misuse of the substance may lead to limited
| | physiological dependence or psychological dependence relative to the substances in Schedule IV, or the substance is a targeted methamphetamine precursor as defined in the Methamphetamine Precursor Control Act.
|
| (Source: P.A. 103-881, eff. 1-1-25.)
|
720 ILCS 570/212
(720 ILCS 570/212) (from Ch. 56 1/2, par. 1212)
Sec. 212. (a) The controlled substances listed in this section are
included in Schedule V.
(b) Any compound, mixture, or preparation containing limited
quantities of any of the following narcotic drugs, or their salts calculated
as the free anhydrous base or alkaloid which also contains
one or more non-narcotic active medicinal ingredients in sufficient
proportion to confer upon the compound, mixture, or preparation,
valuable medicinal qualities other than those possessed by the narcotic
drug alone as set forth below:
(1) not more than 200 milligrams of codeine, or any | | of its salts, per 100 milliliters or per 100 grams;
|
|
(2) not more than 10 milligrams of dihydrocodeine; or
| | any of its salts, per 100 milliliters or per 100 grams;
|
|
(3) not more than 100 milligrams of ethylmorphine, or
| | any of its salts, per 100 milliliters or per 100 grams;
|
|
(4) not more than 2.5 milligrams of diphenoxylate and
| | not less than 25 micrograms of atropine sulfate per dosage unit;
|
|
(5) not more than 100 milligrams of opium per 100
| | milliliters or per 100 grams;
|
|
(6) not more than 0.5 milligram of difenoxin (DEA
| | Drug Code No. 9618) and not less than 25 micrograms of atropine sulfate per dosage unit.
|
|
(c) (Blank).
(c-1) Lacosamide.
(c-2) Pregabalin.
(d) Pyrovalerone.
(d-5) Any targeted methamphetamine precursor as defined in the Methamphetamine Precursor Control Act.
(e) Any compound, mixture or preparation which contains any quantity
of any controlled substance when such compound, mixture or preparation
is not otherwise controlled in Schedules I, II, III or IV.
(Source: P.A. 97-334, eff. 1-1-12.)
|
720 ILCS 570/213
(720 ILCS 570/213) (from Ch. 56 1/2, par. 1213)
Sec. 213.
The Department shall revise and republish the Schedules semi-annually
for two years from the effective date of this Act, and thereafter annually.
If the Department fails to republish the Schedules, the
last published
Schedules shall remain in full force and effect.
(Source: P.A. 83-969.)
|
720 ILCS 570/214
(720 ILCS 570/214) (from Ch. 56 1/2, par. 1214)
Sec. 214.
Excluded Substances.
(a) Products containing an anabolic steroid, that are expressly intended
for administration
through implants to cattle or other nonhuman species and that have been
approved by the
Secretary of Health and Human Services for that administration, and that are
excluded
from all schedules
under Section 102(41)(B)(1) of the federal Controlled Substances Act (21 U.S.C.
802(41)(B)(1)) are also excluded from Sections 207 and 208 of this Act.
(b) The non-narcotic substances excluded from all schedules of
the Federal Controlled Substances Act (21 U.S.C. 801 et seq.)
pursuant to Section 1308.22 of the Code of Federal
Regulations (21 C.F.R. 1308.22), are excluded from all schedules of this
Act.
(Source: P.A. 91-714, eff. 6-2-00.)
|
720 ILCS 570/215
(720 ILCS 570/215) (from Ch. 56 1/2, par. 1215)
Sec. 215.
Excepted Compounds.
The compounds in the form excepted
from application of certain specified sections of the Federal Controlled
Substances Act (21 U.S.C. 801 et seq.), the Federal Controlled
Substances Import and Export Act (21 U.S.C. 951 et seq.) and the Code of
Federal Regulations, pursuant to Section 1308.32
of the Code of Federal Regulations (21 C.F.R. 1308.32) are excepted from
the application of Sections 312 and 313 of this Act.
(Source: P.A. 80-472.)
|
720 ILCS 570/216 (720 ILCS 570/216) (Text of Section before amendment by P.A. 103-881) Sec. 216. Ephedrine. (a) The following drug products containing ephedrine, its salts, optical
isomers and salts of optical isomers shall be exempt from the application of
Sections 312 and 313 of this Act if they: (i) may lawfully be sold
over-the-counter
without a prescription under the Federal Food, Drug, and Cosmetic Act; (ii) are
labeled and marketed in a manner consistent with Section 341.76 of Title 21 of
the Code of
Federal Regulations; (iii) are
manufactured and distributed for legitimate medicinal use in a manner that
reduces or eliminates the likelihood of abuse; and (iv) are not marketed,
advertised, or labeled for the indications of stimulation, mental alertness,
weight loss, muscle enhancement, appetite control, or energy: (1) Solid oral dosage forms, including soft gelatin | | caplets, which are formulated pursuant to 21 CFR 341 or its successor, and packaged in blister packs of not more than 2 tablets per blister.
|
| (2) Anorectal preparations containing not more than
| | (b) The marketing, advertising, or labeling of any product containing
ephedrine, a salt of ephedrine, an optical isomer of ephedrine, or a salt of an
optical isomer of ephedrine, for the indications of stimulation, mental
alertness, weight loss, appetite control, or energy, is prohibited. In
determining compliance with this requirement the Department may consider the
following factors:
(1) The packaging of the drug product;
(2) The name and labeling of the product;
(3) The manner of distribution, advertising, and
| | promotion of the product;
|
| (4) Verbal representations made concerning the
| | (5) The duration, scope, and significance of abuse or
| | misuse of the particular product.
|
| (c) A violation of this Section is a Class A misdemeanor. A second or
subsequent violation of this Section is a Class 4 felony.
(d) This Section does not apply to dietary supplements, herbs, or other
natural products, including concentrates or extracts, which:
(1) are not otherwise prohibited by law; and
(2) may contain naturally occurring ephedrine,
| | ephedrine alkaloids, or pseudoephedrine, or their salts, isomers, or salts of isomers, or a combination of these substances, that:
|
| (i) are contained in a matrix of organic
| | (ii) do not exceed 15% of the total weight of the
| | (e) Nothing in this Section limits the scope or terms of the Methamphetamine Precursor Control Act.
(Source: P.A. 94-694, eff. 1-15-06.)
(Text of Section after amendment by P.A. 103-881)
Sec. 216. Ephedrine.
(a) The following drug products containing ephedrine, its salts, optical isomers and salts of optical isomers shall be exempt from the application of Sections 312 and 313 of this Act if they: (i) may lawfully be sold over-the-counter without a prescription under the Federal Food, Drug, and Cosmetic Act; (ii) are labeled and marketed in a manner consistent with Section 341.76 of Title 21 of the Code of Federal Regulations; (iii) are manufactured and distributed for legitimate medicinal use in a manner that reduces or eliminates the likelihood of abuse; and (iv) are not marketed, advertised, or labeled for the indications of stimulation, mental alertness, weight loss, muscle enhancement, appetite control, or energy:
(1) Solid oral dosage forms, including soft gelatin
| | caplets, which are formulated pursuant to 21 CFR 341 or its successor, and packaged in blister packs of not more than 2 tablets per blister.
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| (2) Anorectal preparations containing not more than
| | (b) The marketing, advertising, or labeling of any product containing ephedrine, a salt of ephedrine, an optical isomer of ephedrine, or a salt of an optical isomer of ephedrine, for the indications of stimulation, mental alertness, weight loss, appetite control, or energy, is prohibited. In determining compliance with this requirement the Department may consider the following factors:
(1) The packaging of the drug product;
(2) The name and labeling of the product;
(3) The manner of distribution, advertising, and
| | promotion of the product;
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| (4) Verbal representations made concerning the
| | (5) The duration, scope, and significance of misuse
| | of the particular product.
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| (c) A violation of this Section is a Class A misdemeanor. A second or subsequent violation of this Section is a Class 4 felony.
(d) This Section does not apply to dietary supplements, herbs, or other natural products, including concentrates or extracts, which:
(1) are not otherwise prohibited by law; and
(2) may contain naturally occurring ephedrine,
| | ephedrine alkaloids, or pseudoephedrine, or their salts, isomers, or salts of isomers, or a combination of these substances, that:
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| (i) are contained in a matrix of organic
| | (ii) do not exceed 15% of the total weight of the
| | (e) Nothing in this Section limits the scope or terms of the Methamphetamine Precursor Control Act.
(Source: P.A. 103-881, eff. 1-1-25.)
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720 ILCS 570/217
(720 ILCS 570/217)
Sec. 217. (Repealed).
(Source: P.A. 91-714, eff. 6-2-00. Repealed by P.A. 97-334, eff. 1-1-12.)
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720 ILCS 570/218 (720 ILCS 570/218) Sec. 218. Dextromethorphan. (a) (Blank). (b) Possession of a drug product containing dextromethorphan in violation of this Act is a Class 4 felony. The sale, delivery, distribution, or possession with intent to sell, deliver, or distribute a drug product containing dextromethorphan in violation of this Act is a Class 2 felony. (c) (Blank).
(Source: P.A. 94-800, eff. 1-1-07; 94-1087, eff. 1-19-07; 95-331, eff. 8-21-07.) |
720 ILCS 570/219
(720 ILCS 570/219)
Sec. 219. Dietary supplements containing ephedrine or anabolic steroid precursors.
(a) It is a Class A misdemeanor for any manufacturer,
wholesaler, retailer, or other person to sell, transfer, or
otherwise furnish any of the following to a person under 18 years of
age: (1) a dietary supplement containing an ephedrine | | (2) a dietary supplement containing any of the
| | (A) Androstanediol;
(B) Androstanedione;
(C) Androstenedione;
(D) Norandrostenediol;
(E) Norandrostenedione; or
(F) Dehydroepiandrosterone.
(b) A seller shall request valid identification from any
individual who attempts to purchase a dietary supplement set forth in
subsection (a) if that individual reasonably appears to the seller
to be under 18 years of age.
(Source: P.A. 94-339, eff. 7-26-05; 95-331, eff. 8-21-07.)
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720 ILCS 570/220 (720 ILCS 570/220) Sec. 220. Electronic health record systems. The Bureau of Pharmacy and Clinical Support Systems shall establish a form to allow EHR systems to certify the identity of a third party that will provide access to the Prescription Information Library for the EHR system using all or part of a computer program or system that is a federally certified Health IT Module for the EHR system. Before the Health IT Module is permitted to connect to the Prescription Information Library, it must enter into a business associate agreement with the EHR system that requires the Health IT Module to agree to adhere to all requirements imposed on the EHR system by the laws of this State, including data privacy and security obligations that the Bureau otherwise imposes on EHR systems.
(Source: P.A. 101-666, eff. 1-1-22.) |
720 ILCS 570/Art. III
(720 ILCS 570/Art. III heading)
ARTICLE III
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720 ILCS 570/301
(720 ILCS 570/301) (from Ch. 56 1/2, par. 1301)
Sec. 301. The Department of Financial and Professional Regulation shall promulgate
rules and charge reasonable fees and fines relating to the registration and
control of the manufacture, distribution, and dispensing of controlled
substances within this State. The Department shall request a contact email address in its application for a new or renewed license to dispense controlled substances. All moneys received by the Department of Financial and
Professional Regulation under this Act shall be deposited into the respective
professional dedicated funds in like manner as the primary professional
licenses. A pharmacy, manufacturer of controlled substances, or wholesale distributor of controlled substances that is regulated under this Act and owned and operated by the State is exempt from fees required under this Act. Pharmacists and pharmacy technicians working in facilities owned and operated by the State are not exempt from the payment of fees required by this Act and any rules adopted under this Act. Nothing in this Section shall be construed to prohibit the Department of Financial and Professional Regulation from imposing any fine or other penalty allowed under this Act.
(Source: P.A. 99-480, eff. 9-9-15.)
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720 ILCS 570/302 (720 ILCS 570/302) (from Ch. 56 1/2, par. 1302) Sec. 302. (a) Every person who manufactures, distributes, or dispenses
any controlled substances; engages in chemical analysis, research, or
instructional activities which utilize controlled substances; purchases, stores, or administers euthanasia drugs, within this
State; provides canine odor detection services; proposes to engage in the
manufacture, distribution, or dispensing of any controlled substance; proposes to
engage in chemical analysis, research, or instructional activities
which utilize controlled substances; proposes to engage in purchasing, storing, or
administering euthanasia drugs; or proposes to provide canine odor detection services within this State, must obtain a
registration issued by the Department of Financial and Professional Regulation in
accordance with its rules. The rules shall
include, but not be limited to, setting the expiration date and renewal
period for each registration under this Act. The Department,
any facility or service licensed by the Department, and any veterinary hospital or clinic operated by a veterinarian or veterinarians licensed under the Veterinary Medicine and Surgery Practice Act of 2004 or maintained by a State-supported or publicly funded university or college shall be exempt
from the regulation requirements of this Section; however, such exemption shall not operate to bar the University of Illinois from requesting, nor the Department of Financial and Professional Regulation from issuing, a registration to the University of Illinois Veterinary Teaching Hospital under this Act. Neither a request for such registration nor the issuance of such registration to the University of Illinois shall operate to otherwise waive or modify the exemption provided in this subsection (a).
(b) Persons registered by the Department of Financial and Professional Regulation
under this Act to manufacture, distribute, or dispense controlled
substances, engage in chemical analysis, research, or instructional activities which utilize controlled substances, purchase, store, or administer euthanasia drugs, or provide canine odor detection services, may
possess, manufacture, distribute, engage in chemical analysis, research, or instructional activities which utilize controlled substances, dispense those
substances, or purchase, store, or administer euthanasia drugs, or provide canine odor detection services to the
extent authorized by their registration and in conformity
with the other provisions of this Article.
(c) The following persons need not register and may lawfully possess
controlled substances under this Act:
(1) an agent or employee of any registered | | manufacturer, distributor, or dispenser of any controlled substance if he or she is acting in the usual course of his or her employer's lawful business or employment;
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(2) a common or contract carrier or warehouseman, or
| | an agent or employee thereof, whose possession of any controlled substance is in the usual lawful course of such business or employment;
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(3) an ultimate user or a person in possession of a
| | controlled substance prescribed for the ultimate user under a lawful prescription of a practitioner, including an advanced practice registered nurse, practical nurse, or registered nurse licensed under the Nurse Practice Act, or a physician assistant licensed under the Physician Assistant Practice Act of 1987, who provides hospice services to a hospice patient or who provides home health services to a person, or a person in possession of any controlled substance pursuant to a lawful prescription of a practitioner or in lawful possession of a Schedule V substance. In this Section, "home health services" has the meaning ascribed to it in the Home Health, Home Services, and Home Nursing Agency Licensing Act; and "hospice patient" and "hospice services" have the meanings ascribed to them in the Hospice Program Licensing Act;
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(4) officers and employees of this State or of the
| | United States while acting in the lawful course of their official duties which requires possession of controlled substances;
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(5) a registered pharmacist who is employed in, or
| | the owner of, a pharmacy licensed under this Act and the Federal Controlled Substances Act, at the licensed location, or if he or she is acting in the usual course of his or her lawful profession, business, or employment;
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| (6) a holder of a temporary license issued under
| | Section 17 of the Medical Practice Act of 1987 practicing within the scope of that license and in compliance with the rules adopted under this Act. In addition to possessing controlled substances, a temporary license holder may order, administer, and prescribe controlled substances when acting within the scope of his or her license and in compliance with the rules adopted under this Act.
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(d) A separate registration is required at each place of
business or professional practice where the applicant manufactures,
distributes, or dispenses controlled substances, or purchases, stores, or
administers euthanasia drugs.
Persons are required to obtain a separate registration for each
place of business or professional practice where controlled
substances are located or stored. A separate registration is
not required for every location at which a controlled substance
may be prescribed.
(e) The Department of Financial and Professional Regulation or the Illinois
State Police may inspect the controlled premises, as defined in Section
502 of this Act, of a registrant or applicant for registration in
accordance with this Act and the rules promulgated hereunder and with regard
to persons licensed by the Department, in accordance with subsection (bb)
of Section 30-5
of the Substance Use Disorder Act and
the rules and
regulations promulgated thereunder.
(Source: P.A. 99-163, eff. 1-1-16; 99-247, eff. 8-3-15; 99-642, eff. 7-28-16; 100-513, eff. 1-1-18; 100-759, eff. 1-1-19.)
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720 ILCS 570/303 (720 ILCS 570/303) (from Ch. 56 1/2, par. 1303)
Sec. 303. (a) The Department of Financial and Professional Regulation shall license an
applicant to manufacture, distribute or dispense controlled substances
included in Sections 202, 204, 206, 208, 210 and 212 of this Act or purchase,
store, or administer euthanasia drugs unless it
determines that the issuance of that license would be
inconsistent
with the public interest. In determining the public interest, the
Department of Financial and Professional Regulation shall consider the following:
(1) maintenance of effective controls against | | diversion of controlled substances into other than lawful medical, scientific, or industrial channels;
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(2) compliance with applicable Federal, State and
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(3) any convictions of the applicant, or the
| | designated agent of the applicant where applicable, under any law of the United States or of any State relating to any controlled substance;
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(4) past experience in the manufacture or
| | distribution of controlled substances, and the existence in the applicant's establishment of effective controls against diversion;
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(5) furnishing by the applicant of false or
| | fraudulent material in any application filed under this Act;
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(6) suspension or revocation of the applicant's
| | Federal registration to manufacture, distribute, or dispense controlled substances, or purchase, store, or administer euthanasia drugs, as authorized by Federal law;
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(7) whether the applicant is suitably equipped with
| | the facilities appropriate to carry on the operation described in his or her application;
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(8) whether the applicant is of good moral character
| | or, if the applicant is a partnership, association, corporation or other organization, whether the partners, directors, governing committee and managing officers are of good moral character;
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(9) any other factors relevant to and consistent with
| | the public health and safety; and
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(10) evidence from court, medical disciplinary and
| | pharmacy board records and those of State and Federal investigatory bodies that the applicant has not or does not prescribe controlled substances within the provisions of this Act.
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(b) No license shall be granted to or renewed for any
person who
has within 5 years been convicted of a wilful violation of any law of the
United States or any law of any State relating to controlled substances, or
who is found to be deficient in any of the matters enumerated in
subsections (a)(1) through (a)(8).
(c) Licensure under subsection (a) does not entitle a
registrant to
manufacture, distribute or dispense controlled substances in Schedules I or
II other than those specified in the registration.
(d) Practitioners who are licensed to dispense any
controlled
substances in Schedules II through V are authorized to
conduct instructional activities with controlled substances
in Schedules II through V under the law of this State.
(e) If an applicant for registration is registered under the Federal law
to manufacture, distribute or dispense controlled substances, or purchase,
store, or administer euthanasia drugs, upon filing a
completed application for licensure in this State and
payment of all
fees due hereunder, he or she shall be licensed in this State to
the same extent
as his or her Federal registration, unless, within 30 days after completing his or her
application in this State, the Department of Financial and Professional Regulation
notifies the applicant that his or her application has not been granted. A
practitioner who is in compliance with the Federal law with respect to
registration to dispense controlled substances in Schedules II through V
need only send a current copy of that Federal registration to the
Department of Financial and Professional Regulation and he or she shall be deemed in
compliance with the registration provisions of this State.
(e-5) All of the fees and fines collected under
this Section 303 shall be deposited into the Illinois State Pharmacy
Disciplinary Fund.
(f) The fee for registration as a manufacturer or wholesale distributor
of controlled substances shall be $50.00 per year, except that the fee for
registration as a manufacturer or wholesale distributor of controlled
substances that may be dispensed without a prescription under this Act
shall be $15.00 per year. The expiration date and renewal period for
each controlled substance license issued
under this Act shall be set by rule.
(Source: P.A. 97-334, eff. 1-1-12.)
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720 ILCS 570/303.05
(720 ILCS 570/303.05)
Sec. 303.05. Mid-level practitioner registration.
(a) The Department of Financial and Professional Regulation shall register licensed
physician assistants, licensed advanced practice registered nurses, and prescribing psychologists licensed under Section 4.2 of the Clinical Psychologist Licensing Act to prescribe and
dispense controlled substances under Section 303 and euthanasia
agencies to purchase, store, or administer animal euthanasia drugs under the
following circumstances:
(1) with respect to physician assistants,
(A) the physician assistant has been delegated | | written authority to prescribe any Schedule III through V controlled substances by a physician licensed to practice medicine in all its branches in accordance with Section 7.5 of the Physician Assistant Practice Act of 1987; and the physician assistant has completed the appropriate application forms and has paid the required fees as set by rule; or
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(B) the physician assistant has been delegated
| | authority by a collaborating physician licensed to practice medicine in all its branches to prescribe or dispense Schedule II controlled substances through a written delegation of authority and under the following conditions:
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| (i) Specific Schedule II controlled
| | substances by oral dosage or topical or transdermal application may be delegated, provided that the delegated Schedule II controlled substances are routinely prescribed by the collaborating physician. This delegation must identify the specific Schedule II controlled substances by either brand name or generic name. Schedule II controlled substances to be delivered by injection or other route of administration may not be delegated;
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| (ii) any delegation must be of controlled
| | substances prescribed by the collaborating physician;
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| (iii) all prescriptions must be limited to no
| | more than a 30-day supply, with any continuation authorized only after prior approval of the collaborating physician;
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| (iv) the physician assistant must discuss the
| | condition of any patients for whom a controlled substance is prescribed monthly with the delegating physician;
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| (v) the physician assistant must have
| | completed the appropriate application forms and paid the required fees as set by rule;
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| (vi) the physician assistant must provide
| | evidence of satisfactory completion of 45 contact hours in pharmacology from any physician assistant program accredited by the Accreditation Review Commission on Education for the Physician Assistant (ARC-PA), or its predecessor agency, for any new license issued with Schedule II authority after the effective date of this amendatory Act of the 97th General Assembly; and
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| (vii) the physician assistant must annually
| | complete at least 5 hours of continuing education in pharmacology;
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| (2) with respect to advanced practice registered
| | nurses who do not meet the requirements of Section 65-43 of the Nurse Practice Act,
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| (A) the advanced practice registered nurse has
| | been delegated authority to prescribe any Schedule III through V controlled substances by a collaborating physician licensed to practice medicine in all its branches or a collaborating podiatric physician in accordance with Section 65-40 of the Nurse Practice Act. The advanced practice registered nurse has completed the appropriate application forms and has paid the required fees as set by rule; or
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| (B) the advanced practice registered nurse has
| | been delegated authority by a collaborating physician licensed to practice medicine in all its branches to prescribe or dispense Schedule II controlled substances through a written delegation of authority and under the following conditions:
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| (i) specific Schedule II controlled
| | substances by oral dosage or topical or transdermal application may be delegated, provided that the delegated Schedule II controlled substances are routinely prescribed by the collaborating physician. This delegation must identify the specific Schedule II controlled substances by either brand name or generic name. Schedule II controlled substances to be delivered by injection or other route of administration may not be delegated;
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| (ii) any delegation must be of controlled
| | substances prescribed by the collaborating physician;
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| (iii) all prescriptions must be limited to no
| | more than a 30-day supply, with any continuation authorized only after prior approval of the collaborating physician;
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| (iv) the advanced practice registered nurse
| | must discuss the condition of any patients for whom a controlled substance is prescribed monthly with the delegating physician or in the course of review as required by Section 65-40 of the Nurse Practice Act;
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| (v) the advanced practice registered nurse
| | must have completed the appropriate application forms and paid the required fees as set by rule;
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| (vi) the advanced practice registered nurse
| | must provide evidence of satisfactory completion of at least 45 graduate contact hours in pharmacology for any new license issued with Schedule II authority after the effective date of this amendatory Act of the 97th General Assembly; and
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| (vii) the advanced practice registered nurse
| | must annually complete 5 hours of continuing education in pharmacology;
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| (2.5) with respect to advanced practice registered
| | nurses certified as nurse practitioners, nurse midwives, or clinical nurse specialists who do not meet the requirements of Section 65-43 of the Nurse Practice Act practicing in a hospital affiliate,
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| (A) the advanced practice registered nurse
| | certified as a nurse practitioner, nurse midwife, or clinical nurse specialist has been privileged to prescribe any Schedule II through V controlled substances by the hospital affiliate upon the recommendation of the appropriate physician committee of the hospital affiliate in accordance with Section 65-45 of the Nurse Practice Act, has completed the appropriate application forms, and has paid the required fees as set by rule; and
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| (B) an advanced practice registered nurse
| | certified as a nurse practitioner, nurse midwife, or clinical nurse specialist has been privileged to prescribe any Schedule II controlled substances by the hospital affiliate upon the recommendation of the appropriate physician committee of the hospital affiliate, then the following conditions must be met:
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| (i) specific Schedule II controlled
| | substances by oral dosage or topical or transdermal application may be designated, provided that the designated Schedule II controlled substances are routinely prescribed by advanced practice registered nurses in their area of certification; the privileging documents must identify the specific Schedule II controlled substances by either brand name or generic name; privileges to prescribe or dispense Schedule II controlled substances to be delivered by injection or other route of administration may not be granted;
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| (ii) any privileges must be controlled
| | substances limited to the practice of the advanced practice registered nurse;
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| (iii) any prescription must be limited to no
| | more than a 30-day supply;
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| (iv) the advanced practice registered nurse
| | must discuss the condition of any patients for whom a controlled substance is prescribed monthly with the appropriate physician committee of the hospital affiliate or its physician designee; and
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| (v) the advanced practice registered nurse
| | must meet the education requirements of this Section;
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| (3) with respect to animal euthanasia agencies, the
| | euthanasia agency has obtained a license from the Department of Financial and Professional Regulation and obtained a registration number from the Department; or
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(4) with respect to prescribing psychologists, the
| | prescribing psychologist has been delegated authority to prescribe any nonnarcotic Schedule III through V controlled substances by a collaborating physician licensed to practice medicine in all its branches in accordance with Section 4.3 of the Clinical Psychologist Licensing Act, and the prescribing psychologist has completed the appropriate application forms and has paid the required fees as set by rule.
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| (b) The mid-level practitioner shall only be licensed to prescribe those
schedules of controlled substances for which a licensed physician has delegated
prescriptive authority, except that an animal euthanasia agency does not have any
prescriptive authority.
A physician assistant and an advanced practice registered nurse are prohibited from prescribing medications and controlled substances not set forth in the required written delegation of authority or as authorized by their practice Act.
(c) Upon completion of all registration requirements, physician
assistants, advanced practice registered nurses, and animal euthanasia agencies may be issued a
mid-level practitioner
controlled substances license for Illinois.
(d) A collaborating physician may, but is not required to, delegate prescriptive authority to an advanced practice registered nurse as part of a written collaborative agreement, and the delegation of prescriptive authority shall conform to the requirements of Section 65-40 of the Nurse Practice Act.
(e) A collaborating physician may, but is not required to, delegate prescriptive authority to a physician assistant as part of a written collaborative agreement, and the delegation of prescriptive authority shall conform to the requirements of Section 7.5 of the Physician Assistant Practice Act of 1987.
(f) Nothing in this Section shall be construed to prohibit generic substitution.
(Source: P.A. 99-173, eff. 7-29-15; 100-453, eff. 8-25-17; 100-513, eff. 1-1-18; 100-863, eff. 8-14-18.)
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720 ILCS 570/303.1
(720 ILCS 570/303.1) (from Ch. 56 1/2, par. 1303.1)
Sec. 303.1.
Any person who delivers a check or other payment to the
Department of Financial and Professional Regulation that is returned to the Department
unpaid by the financial institution upon which it is drawn shall pay to the
Department,
in addition to the amount already owed to the Department, a fine of $50. If
the check or other payment was for a renewal or issuance fee and that person
practices without
paying the renewal fee or issuance fee and the fine due, an additional fine
of $100 shall be imposed. The fines imposed by this Section are in addition
to any other discipline provided under this Act for unlicensed
practice or practice on a nonrenewed license. The Department
of Financial and Professional Regulation shall notify the person that payment of fees
and fines shall be paid to the Department
by certified check or money order within 30 calendar days of the
notification. If, after the expiration of 30 days from the date of the
notification, the person has failed to submit the necessary remittance, the
Department of Financial and Professional Regulation shall automatically terminate the
license or certificate or deny
the application, without hearing. If, after termination or denial, the
person seeks a license or certificate, he or she shall apply to the
Department for restoration or issuance of the license or certificate and
pay all fees and fines due to the Department. The Department of Financial and Professional
Regulation may establish
a fee for the processing of an application for restoration of a license or
certificate to pay all expenses of processing this application. The Secretary
may waive the fines due under this Section in individual cases where the Secretary of the Department of Financial and Professional Regulation
finds that the fines would be unreasonable or unnecessarily
burdensome.
(Source: P.A. 97-334, eff. 1-1-12.)
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720 ILCS 570/304 (720 ILCS 570/304) (from Ch. 56 1/2, par. 1304) Sec. 304. (a) A registration under Section 303 to manufacture,
distribute, or dispense a controlled substance or purchase, store, or
administer euthanasia drugs may be denied, refused renewal, suspended, or
revoked by the Department of Financial and Professional Regulation, and a fine of no more than $10,000 per violation may be imposed on the applicant or registrant, upon a finding
that the applicant or registrant:
(1) has furnished any false or fraudulent material | | information in any application filed under this Act; or
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(2) has been convicted of a felony under any law of
| | the United States or any State relating to any controlled substance; or
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(3) has had suspended or revoked his or her Federal
| | registration to manufacture, distribute, or dispense controlled substances or purchase, store, or administer euthanasia drugs; or
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(4) has been convicted of bribery, perjury, or other
| | infamous crime under the laws of the United States or of any State; or
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(5) has violated any provision of this Act or any
| | rules promulgated hereunder, or any provision of the Methamphetamine Precursor Control Act or rules promulgated thereunder, whether or not he or she has been convicted of such violation; or
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(6) has failed to provide effective controls against
| | the diversion of controlled substances in other than legitimate medical, scientific or industrial channels.
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(b) The Department of Financial and Professional Regulation may limit
revocation or suspension of a registration to the particular controlled
substance with respect to which grounds for revocation or suspension
exist.
(c) The Department of Financial and Professional Regulation shall promptly
notify the Administration, the Department and the Illinois State
Police or their successor agencies, of all orders denying,
suspending or revoking registration, all forfeitures of controlled
substances, and all final court dispositions, if any, of such denials,
suspensions, revocations or forfeitures.
(d) If Federal registration of any registrant is suspended, revoked,
refused renewal or refused issuance, then the Department of Financial and Professional
Regulation shall issue a notice and conduct a hearing in accordance
with Section 305 of this Act.
(Source: P.A. 97-334, eff. 1-1-12; 97-813, eff. 7-13-12.)
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720 ILCS 570/305
(720 ILCS 570/305) (from Ch. 56 1/2, par. 1305)
Sec. 305.
(a) Before denying, refusing renewal of, suspending, or revoking a
registration, or imposing a fine on an applicant or registrant, the Department of Financial and Professional Regulation shall serve upon
the applicant or registrant, by registered mail at the address in the
application or registration or by any other means authorized under the
Civil Practice Law or Rules of the Illinois Supreme Court for the service
of summons or subpoenas, a notice of hearing to determine why registration
should not be denied, refused renewal, suspended or revoked. The notice
shall contain a statement of the basis therefor and shall call upon the
applicant or registrant to appear before the Department of Financial and Professional
Regulation at a reasonable time and place. These proceedings shall be
conducted in accordance with Sections 2105-5, 2105-15, 2105-100, 2105-105,
2105-110,
2105-115, 2105-120, 2105-125, 2105-175, and 2105-325
of the Department of Professional Regulation Law (20 ILCS 2105/2105-5,
2105/2105-15, 2105/2105-100, 2105/2105-105, 2105/2105-110, 2105/2105-115,
2105/2105-120,
2105/2105-125, 2105/2105-175, and 2105/2105-325),
without
regard to any criminal prosecution or other proceeding. Except as
authorized in subsection (c), proceedings to refuse renewal or
suspend or
revoke registration shall not abate the existing registration, which shall
remain in effect until the Department of Financial and Professional Regulation has
held the hearing called for in the notice and found, with input from the
appropriate licensure or disciplinary board, that the registration
shall no longer remain in effect.
(b) The Secretary of the Department of Financial and Professional Regulation may appoint an attorney duly
licensed to practice law in the State of Illinois to serve as the hearing
officer in any action to deny, refuse to renew, suspend, or revoke, or take any
other disciplinary action with regard to a registration. The hearing officer
shall have full authority to conduct the hearing. The hearing officer shall
report his or her findings and recommendations to the appropriate licensure or
disciplinary board within 30 days after receiving the record. The
Disciplinary Board shall have 60 days from receipt of the report to review the
report of the hearing officer and present its findings of fact, conclusions
of law, and recommendations to the Secretary of the Department of Financial and Professional Regulation.
(c) If the Department of Financial and Professional Regulation finds that
there is
an imminent danger to the public health or safety by the continued
manufacture, distribution or dispensing of controlled substances by the
registrant, the Department of Financial and Professional Regulation may, upon the
issuance of a written ruling stating the reasons for such finding and
without notice or hearing, suspend such registrant. The suspension shall
continue in effect for not more than 15 days during which time the
registrant shall be given a hearing on the issues involved in the
suspension. If after the hearing, and after
input from the appropriate licensure or disciplinary board,
the Department of Financial and Professional Regulation
finds that the public health
or safety requires the suspension to remain in effect it shall so remain
until the ruling is terminated by its own terms or subsequent ruling or is
dissolved by a circuit court upon determination that the
suspension was wholly without basis in fact and law.
(d) If, after a hearing as provided in subsection (a), the
Department of Financial and
Professional Regulation
finds that a registration should be refused
renewal, suspended or revoked, a written ruling to that effect shall be
entered. The Department of Financial and Professional Regulation's ruling shall remain
in effect until the ruling is terminated by its own terms or subsequent
ruling or is dissolved by a circuit court upon a determination that the
refusal to renew suspension or revocation was wholly without basis in fact and
law.
(Source: P.A. 97-334, eff. 1-1-12.)
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720 ILCS 570/306 (720 ILCS 570/306) (from Ch. 56 1/2, par. 1306)
Sec. 306. Every practitioner and person who is required under
this Act to be registered to manufacture, distribute or dispense controlled
substances or purchase, store, or administer euthanasia drugs under this
Act shall keep records and maintain inventories in
conformance with the recordkeeping and inventory requirements of the laws
of the United States and with any additional rules and forms issued by the
Department of Financial and Professional Regulation.
(Source: P.A. 97-334, eff. 1-1-12.)
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720 ILCS 570/307
(720 ILCS 570/307) (from Ch. 56 1/2, par. 1307)
Sec. 307.
Controlled substances in Schedules I and II shall be distributed by a
registrant to another registrant only pursuant to a written order.
Compliance with the laws of the United States respecting order forms shall
be deemed compliance with this Section.
(Source: P.A. 77-757.)
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720 ILCS 570/308
(720 ILCS 570/308) (from Ch. 56 1/2, par. 1308)
Sec. 308.
(Repealed).
(Source: P.A. 89-202, eff. 10-1-95. Repealed by P.A. 91-576, eff. 4-1-00.)
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720 ILCS 570/309
(720 ILCS 570/309) (from Ch. 56 1/2, par. 1309)
Sec. 309. On or after April 1, 2000, no person shall issue a
prescription for a Schedule II
controlled substance, which is a narcotic drug listed in Section 206 of
this Act; or which contains any quantity of amphetamine or
methamphetamine, their salts, optical isomers or salts of optical
isomers; phenmetrazine and its salts; gluthethimide; and pentazocine, other than on a written
prescription; provided
that in the case of an emergency, epidemic or a
sudden or unforeseen accident or calamity, the prescriber may issue a
lawful oral prescription where failure to
issue such a prescription might result in
loss of life or intense suffering, but such oral prescription shall
include a statement by the prescriber concerning the accident
or calamity, or circumstances constituting the emergency, the cause for
which an oral prescription was used. Within
7 days after issuing an
emergency prescription, the prescriber shall cause a written prescription for
the emergency quantity prescribed to be delivered to
the dispensing pharmacist. The prescription shall have written on its face
"Authorization for Emergency Dispensing", and the date of the emergency
prescription. The written prescription
may be delivered to the pharmacist in person, or by mail, but if delivered
by mail it must be postmarked within the 7-day period. Upon
receipt, the
dispensing pharmacist shall attach this prescription to the emergency oral
prescription earlier received and
reduced to writing. The dispensing pharmacist shall notify the Department of Financial and Professional Regulation
if the prescriber
fails to deliver the authorization for emergency dispensing on the
prescription to him or her. Failure of the dispensing pharmacist to do so
shall void the authority conferred by this paragraph to dispense without a
written prescription of a
prescriber. All prescriptions issued for Schedule II
controlled substances shall include the quantity prescribed. All nonelectronic prescriptions issued for Schedule II controlled substances
shall include both a written and numerical notation of quantity on the face
of the prescription. No prescription for a Schedule II controlled substance
may
be refilled. The Department shall provide, at no cost, audit reviews and necessary information to the Department of Financial and Professional Regulation in conjunction with ongoing investigations being conducted in whole or part by the Department of Financial and Professional Regulation.
(Source: P.A. 103-425, eff. 1-1-24.)
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720 ILCS 570/310
(720 ILCS 570/310) (from Ch. 56 1/2, par. 1310)
Sec. 310.
(Repealed).
(Source: P.A. 84-1308. Repealed by P.A. 91-576, eff. 4-1-00.)
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720 ILCS 570/311
(720 ILCS 570/311) (from Ch. 56 1/2, par. 1311)
Sec. 311.
(Repealed).
(Source: P.A. 89-202, eff. 10-1-95. Repealed by P.A. 91-576, eff. 4-1-00.)
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720 ILCS 570/311.5 (720 ILCS 570/311.5) Sec. 311.5. Electronic prescriptions for controlled substances. Notwithstanding any other Section in this Act, a prescriber who is otherwise authorized to prescribe controlled substances in Illinois may issue an electronic prescription for Schedule II, III, IV, and V controlled substances if done in accordance with the federal rules for electronic prescriptions for controlled substances, as set forth in 21 C.F.R. Parts 1300, 1304, 1306, and 1311, as amended.
(Source: P.A. 97-334, eff. 1-1-12.) |
720 ILCS 570/311.6 (720 ILCS 570/311.6) Sec. 311.6. Opioid prescriptions. (a) Notwithstanding any other provision of law, a prescription for a substance classified in Schedule II, III, IV, or V must be sent electronically, in accordance with Section 316. Prescriptions sent in accordance with this subsection (a) must be accepted by the dispenser in electronic format. (b) Beginning on the effective date of this amendatory Act of the 103rd General Assembly until December 31, 2028, notwithstanding any other provision of this Section or any other provision of law, a prescriber shall not be required to issue prescriptions electronically if he or she certifies to the Department of Financial and Professional Regulation that he or she will not issue more than 150 prescriptions during a 12-month period. Prescriptions in both oral and written form for controlled substances shall be included in determining whether the prescriber will reach the limit of 150 prescriptions. Beginning January 1, 2029, notwithstanding any other provision of this Section or any other provision of law, a prescriber shall not be required to issue prescriptions electronically if he or she certifies to the Department of Financial and Professional Regulation that he or she will not issue more than 50 prescriptions during a 12-month period. Prescriptions in both oral and written form for controlled substances shall be included in determining whether the prescriber will reach the limit of 50 prescriptions. (b-5) Notwithstanding any other provision of this Section or any other provision of law, a prescriber shall not be required to issue prescriptions electronically under the following circumstances: (1) prior to January 1, 2026, the prescriber | | demonstrates financial difficulties in buying or managing an electronic prescription option, whether it is an electronic health record or some other electronic prescribing product;
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| (2) on and after January 1, 2026, the prescriber
| | provides proof of a waiver from the Centers for Medicare and Medicaid Services for the Electronic Prescribing for Controlled Substances Program due to demonstrated economic hardship for the previous compliance year;
|
| (3) there is a temporary technological or electrical
| | failure that prevents an electronic prescription from being issued;
|
| (4) the prescription is for a drug that the
| | practitioner reasonably determines would be impractical for the patient to obtain in a timely manner if prescribed by an electronic data transmission prescription and the delay would adversely impact the patient's medical condition;
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| (5) the prescription is for an individual who:
(A) resides in a nursing or assisted living
| | (B) is receiving hospice or palliative care;
(C) is receiving care at an outpatient renal
| | dialysis facility and the prescription is related to the care provided;
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| (D) is receiving care through the United States
| | Department of Veterans Affairs; or
|
| (E) is incarcerated in a state, detained, or
| | confined in a correctional facility;
|
| (6) the prescription prescribes a drug under a
| | (7) the prescription is a non-patient specific
| | prescription dispensed under a standing order, approved protocol for drug therapy, collaborative drug management, or comprehensive medication management, or in response to a public health emergency or other circumstance in which the practitioner may issue a non-patient specific prescription;
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| (8) the prescription is issued when the prescriber
| | and dispenser are the same entity;
|
| (9) the prescription is issued for a compound
| | prescription containing 2 or more compounds; or
|
| (10) the prescription is issued by a licensed
| | veterinarian within 2 years after the effective date of this amendatory Act of the 103rd General Assembly.
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| (c) The Department of Financial and Professional Regulation may adopt rules for the administration of this Section to the requirements under this Section that the Department of Financial and Professional Regulation may deem appropriate.
(d) Any prescriber who makes a good faith effort to prescribe electronically, but for reasons not within the prescriber's control is unable to prescribe electronically, may be exempt from any disciplinary action.
(e) Any pharmacist who dispenses in good faith based upon a valid prescription that is not prescribed electronically may be exempt from any disciplinary action. A pharmacist is not required to ensure or responsible for ensuring the prescriber's compliance under subsection (b), nor may any other entity or organization require a pharmacist to ensure the prescriber's compliance with that subsection. A pharmacist may not refuse to fill a valid prescription solely because it is not prescribed electronically.
(f) It shall be a violation of this Section for any prescriber or dispenser to adopt a policy contrary to this Section.
(g) A compliance action with respect to this Section initiated by the Department of Financial and Professional Regulation prior to December 31, 2030 is limited to a non-disciplinary warning letter or citation, unless the prescriber or dispenser fails to abide by the initial non-disciplinary warning letter or citation, has acted in bad faith, or a pattern of practice in violation of this Section occurs.
(Source: P.A. 102-490, eff. 1-1-24 (See Section 55 of P.A. 102-1109 for effective date of P.A. 102-490); 103-425, eff. 1-1-24; 103-563, eff. 11-17-23; 103-732, eff. 8-2-24.)
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720 ILCS 570/312 (720 ILCS 570/312) (from Ch. 56 1/2, par. 1312) (Text of Section before amendment by P.A. 103-881) Sec. 312. Requirements for dispensing controlled substances. (a) A practitioner, in good faith, may dispense a Schedule
II controlled substance, which is a narcotic drug listed in Section 206
of this Act; or which contains any quantity of amphetamine or
methamphetamine, their salts, optical isomers or salts of optical
isomers; phenmetrazine and its salts; or pentazocine; and Schedule III, IV, or V controlled substances
to any person upon
a written or electronic prescription of any prescriber, dated and signed
by the
person prescribing (or electronically validated in compliance with Section 311.5) on the day when issued and bearing the name and
address of the patient for whom, or the owner of the animal for which
the controlled substance is dispensed, and the full name, address and
registry number under the laws of the United States relating to
controlled substances of the prescriber, if he or she is
required by
those laws to be registered. If the prescription is for an animal it
shall state the species of animal for which it is ordered. The
practitioner filling the prescription shall, unless otherwise permitted, write the date of filling
and his or her own signature on the face of the written prescription or, alternatively, shall indicate such filling using a unique identifier as defined in paragraph (v) of Section 3 of the Pharmacy Practice Act.
The written prescription shall be
retained on file by the practitioner who filled it or pharmacy in which
the prescription was filled for a period of 2 years, so as to be readily
accessible for inspection or removal by any officer or employee engaged
in the enforcement of this Act. Whenever the practitioner's or
pharmacy's copy of any prescription is removed by an officer or
employee engaged in the enforcement of this Act, for the purpose of
investigation or as evidence, such officer or employee shall give to the
practitioner or pharmacy a receipt in lieu thereof. If the specific prescription is machine or computer generated and printed at the prescriber's office, the date does not need to be handwritten. A prescription
for a Schedule II controlled substance shall not be issued for more than a 30 day supply, except as provided in subsection (a-5), and shall be valid for up to 90 days
after the date of issuance. A written prescription for Schedule III, IV or
V controlled substances shall not be filled or refilled more than 6 months
after the date thereof or refilled more than 5 times unless renewed, in
writing, by the prescriber. A pharmacy shall maintain a policy regarding the type of identification necessary, if any, to receive a prescription in accordance with State and federal law. The pharmacy must post such information where prescriptions are filled. (a-5) Physicians may issue multiple prescriptions (3 sequential 30-day supplies) for the same Schedule II controlled substance, authorizing up to a 90-day supply. Before authorizing a 90-day supply of a Schedule II controlled substance, the physician must meet the following conditions: (1) Each separate prescription must be issued for a | | legitimate medical purpose by an individual physician acting in the usual course of professional practice.
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| (2) The individual physician must provide written
| | instructions on each prescription (other than the first prescription, if the prescribing physician intends for the prescription to be filled immediately) indicating the earliest date on which a pharmacy may fill that prescription.
|
| (3) The physician shall document in the medical
| | record of a patient the medical necessity for the amount and duration of the 3 sequential 30-day prescriptions for Schedule II narcotics.
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| (a-10) Prescribers who issue a prescription for an opioid shall inform the patient that opioids are addictive and that opioid antagonists are available by prescription or from a pharmacy.
(b) In lieu of a written prescription required by this Section, a
pharmacist, in good faith, may dispense Schedule III, IV, or V
substances to any person either upon receiving a facsimile of a written,
signed prescription transmitted by the prescriber or the prescriber's agent
or upon a lawful oral prescription of a
prescriber which oral prescription shall be reduced
promptly to
writing by the pharmacist and such written memorandum thereof shall be
dated on the day when such oral prescription is received by the
pharmacist and shall bear the full name and address of the ultimate user
for whom, or of the owner of the animal for which the controlled
substance is dispensed, and the full name, address, and registry number
under the law of the United States relating to controlled substances of
the prescriber prescribing if he or she is required by those laws
to be so
registered, and the pharmacist filling such oral prescription shall
write the date of filling and his or her own signature on the face of such
written memorandum thereof. The facsimile copy of the prescription or
written memorandum of the oral
prescription shall be retained on file by the proprietor of the pharmacy
in which it is filled for a period of not less than two years, so as to
be readily accessible for inspection by any officer or employee engaged
in the enforcement of this Act in the same manner as a written
prescription. The facsimile copy of the prescription or oral prescription
and the written memorandum thereof
shall not be filled or refilled more than 6 months after the date
thereof or be refilled more than 5 times, unless renewed, in writing, by
the prescriber.
(c) Except for any non-prescription targeted methamphetamine precursor regulated by the Methamphetamine Precursor Control Act, a
controlled substance included in Schedule V shall not be
distributed or dispensed other than for a medical purpose and not for
the purpose of evading this Act, and then:
(1) only personally by a person registered to
| | dispense a Schedule V controlled substance and then only to his or her patients, or
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| (2) only personally by a pharmacist, and then only to
| | a person over 21 years of age who has identified himself or herself to the pharmacist by means of 2 positive documents of identification.
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| The dispenser shall record the name and address of the
purchaser, the name and quantity of the product, the date and time of
the sale, and the dispenser's signature.
No person shall purchase or be dispensed more than 120
milliliters or more than 120 grams of any Schedule V substance which
contains codeine, dihydrocodeine, or any salts thereof, or
ethylmorphine, or any salts thereof, in any 96-hour period. The
purchaser shall sign a form, approved by the Department of Financial and Professional
Regulation, attesting that he or she has not purchased any Schedule V
controlled substances within the immediately preceding 96 hours.
All records of purchases and sales shall be maintained for not
less than 2 years.
No person shall obtain or attempt to obtain within any
consecutive 96-hour period any Schedule V substances of more than 120
milliliters or more than 120 grams containing codeine, dihydrocodeine or
any of its salts, or ethylmorphine or any of its salts. Any person
obtaining any such preparations or combination of preparations in excess
of this limitation shall be in unlawful possession of such controlled
substance.
A person qualified to dispense controlled substances under this
Act and registered thereunder shall at no time maintain or keep in stock
a quantity of Schedule V controlled substances in excess of 4.5 liters for each
substance; a pharmacy shall at no time maintain or keep in stock a
quantity of Schedule V controlled substances as defined in excess of 4.5
liters for each substance, plus the additional quantity of controlled
substances necessary to fill the largest number of prescription orders
filled by that pharmacy for such controlled substances in any one week
in the previous year. These limitations shall not apply to Schedule V
controlled substances which Federal law prohibits from being dispensed
without a prescription.
No person shall distribute or dispense butyl nitrite for
inhalation or other introduction into the human body for euphoric or
physical effect.
(d) Every practitioner shall keep a record or log of controlled substances
received by him or her and a record of all such controlled substances
administered, dispensed or professionally used by him or her otherwise than by
prescription. It shall, however, be sufficient compliance with this
paragraph if any practitioner utilizing controlled substances listed in
Schedules III, IV and V shall keep a record of all those substances
dispensed and distributed by him or her other than those controlled substances
which are administered by the direct application of a controlled
substance, whether by injection, inhalation, ingestion, or any other
means to the body of a patient or research subject. A practitioner who
dispenses, other than by administering, a controlled substance in
Schedule II, which is a narcotic drug listed in Section 206 of this Act,
or which contains any quantity of amphetamine or methamphetamine, their
salts, optical isomers or salts of optical isomers, pentazocine, or
methaqualone shall do so only upon
the issuance of a written prescription blank or electronic prescription issued by a
prescriber.
(e) Whenever a manufacturer distributes a controlled substance in a
package prepared by him or her, and whenever a wholesale distributor
distributes a controlled substance in a package prepared by him or her or the
manufacturer, he or she shall securely affix to each package in which that
substance is contained a label showing in legible English the name and
address of the manufacturer, the distributor and the quantity, kind and
form of controlled substance contained therein. No person except a
pharmacist and only for the purposes of filling a prescription under
this Act, shall alter, deface or remove any label so affixed.
(f) Whenever a practitioner dispenses any controlled substance except a non-prescription Schedule V product or a non-prescription targeted methamphetamine precursor regulated by the Methamphetamine Precursor Control Act, he or she
shall affix to the container in which such substance is sold or
dispensed, a label indicating the date of initial filling, the practitioner's
name and address, the name
of the patient, the name of the prescriber,
the directions
for use and cautionary statements, if any, contained in any prescription
or required by law, the proprietary name or names or the established name
of the controlled substance, and the dosage and quantity, except as otherwise
authorized by regulation by the Department of Financial and Professional Regulation. No
person shall alter, deface or remove any label so affixed as long as the specific medication remains in the container.
(g) A person to whom or for whose use any controlled substance has
been prescribed or dispensed by a practitioner, or other persons
authorized under this Act, and the owner of any animal for which such
substance has been prescribed or dispensed by a veterinarian, may
lawfully possess such substance only in the container in which it was
delivered to him or her by the person dispensing such substance.
(h) The responsibility for the proper prescribing or dispensing of
controlled substances that are under the prescriber's direct control is upon the prescriber. The responsibility for
the proper filling of a prescription for controlled substance drugs
rests with the pharmacist. An order purporting to be a prescription
issued to any individual, which is not in the regular course of
professional treatment nor part of an authorized methadone maintenance
program, nor in legitimate and authorized research instituted by any
accredited hospital, educational institution, charitable foundation, or
federal, state or local governmental agency, and which is intended to
provide that individual with controlled substances sufficient to
maintain that individual's or any other individual's physical or
psychological addiction, habitual or customary use, dependence, or
diversion of that controlled substance is not a prescription within the
meaning and intent of this Act; and the person issuing it, shall be
subject to the penalties provided for violations of the law relating to
controlled substances.
(i) A prescriber shall not pre-print or cause to be
pre-printed a
prescription for any controlled substance; nor shall any practitioner
issue, fill or cause to be issued or filled, a pre-printed prescription
for any controlled substance.
(i-5) A prescriber may use a machine or electronic device to individually generate a printed prescription, but the prescriber is still required to affix his or her manual signature.
(j) No person shall manufacture, dispense, deliver, possess with
intent to deliver, prescribe, or administer or cause to be administered
under his or her direction any anabolic steroid, for any use in humans other than
the treatment of disease in accordance with the order of a physician licensed
to practice medicine in all its branches for a
valid medical purpose in the course of professional practice. The use of
anabolic steroids for the purpose of hormonal manipulation that is intended
to increase muscle mass, strength or weight without a medical necessity to
do so, or for the intended purpose of improving physical appearance or
performance in any form of exercise, sport, or game, is not a valid medical
purpose or in the course of professional practice.
(k) Controlled substances may be mailed if all of the following conditions are met:
(1) The controlled substances are not outwardly
| | dangerous and are not likely, of their own force, to cause injury to a person's life or health.
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| (2) The inner container of a parcel containing
| | controlled substances must be marked and sealed as required under this Act and its rules, and be placed in a plain outer container or securely wrapped in plain paper.
|
| (3) If the controlled substances consist of
| | prescription medicines, the inner container must be labeled to show the name and address of the pharmacy or practitioner dispensing the prescription.
|
| (4) The outside wrapper or container must be free of
| | markings that would indicate the nature of the contents.
|
| (l) Notwithstanding any other provision of this Act to the contrary, emergency medical services personnel may administer Schedule II, III, IV, or V controlled substances to a person in the scope of their employment without a written, electronic, or oral prescription of a prescriber.
(Source: P.A. 102-1040, eff. 1-1-23; 103-154, eff. 6-30-23.)
(Text of Section after amendment by P.A. 103-881)
Sec. 312. Requirements for dispensing controlled substances.
(a) A practitioner, in good faith, may dispense a Schedule II controlled substance, which is a narcotic drug listed in Section 206 of this Act; or which contains any quantity of amphetamine or methamphetamine, their salts, optical isomers or salts of optical isomers; phenmetrazine and its salts; or pentazocine; and Schedule III, IV, or V controlled substances to any person upon a written or electronic prescription of any prescriber, dated and signed by the person prescribing (or electronically validated in compliance with Section 311.5) on the day when issued and bearing the name and address of the patient for whom, or the owner of the animal for which the controlled substance is dispensed, and the full name, address and registry number under the laws of the United States relating to controlled substances of the prescriber, if he or she is required by those laws to be registered. If the prescription is for an animal it shall state the species of animal for which it is ordered. The practitioner filling the prescription shall, unless otherwise permitted, write the date of filling and his or her own signature on the face of the written prescription or, alternatively, shall indicate such filling using a unique identifier as defined in paragraph (v) of Section 3 of the Pharmacy Practice Act. The written prescription shall be retained on file by the practitioner who filled it or pharmacy in which the prescription was filled for a period of 2 years, so as to be readily accessible for inspection or removal by any officer or employee engaged in the enforcement of this Act. Whenever the practitioner's or pharmacy's copy of any prescription is removed by an officer or employee engaged in the enforcement of this Act, for the purpose of investigation or as evidence, such officer or employee shall give to the practitioner or pharmacy a receipt in lieu thereof. If the specific prescription is machine or computer generated and printed at the prescriber's office, the date does not need to be handwritten. A prescription for a Schedule II controlled substance shall not be issued for more than a 30 day supply, except as provided in subsection (a-5), and shall be valid for up to 90 days after the date of issuance. A written prescription for Schedule III, IV or V controlled substances shall not be filled or refilled more than 6 months after the date thereof or refilled more than 5 times unless renewed, in writing, by the prescriber. A pharmacy shall maintain a policy regarding the type of identification necessary, if any, to receive a prescription in accordance with State and federal law. The pharmacy must post such information where prescriptions are filled.
(a-5) Physicians may issue multiple prescriptions (3 sequential 30-day supplies) for the same Schedule II controlled substance, authorizing up to a 90-day supply. Before authorizing a 90-day supply of a Schedule II controlled substance, the physician must meet the following conditions:
(1) Each separate prescription must be issued for a
| | legitimate medical purpose by an individual physician acting in the usual course of professional practice.
|
| (2) The individual physician must provide written
| | instructions on each prescription (other than the first prescription, if the prescribing physician intends for the prescription to be filled immediately) indicating the earliest date on which a pharmacy may fill that prescription.
|
| (3) The physician shall document in the medical
| | record of a patient the medical necessity for the amount and duration of the 3 sequential 30-day prescriptions for Schedule II narcotics.
|
| (a-10) Prescribers who issue a prescription for an opioid shall inform the patient that opioids are addictive and that opioid antagonists are available by prescription or from a pharmacy.
(b) In lieu of a written prescription required by this Section, a pharmacist, in good faith, may dispense Schedule III, IV, or V substances to any person either upon receiving a facsimile of a written, signed prescription transmitted by the prescriber or the prescriber's agent or upon a lawful oral prescription of a prescriber which oral prescription shall be reduced promptly to writing by the pharmacist and such written memorandum thereof shall be dated on the day when such oral prescription is received by the pharmacist and shall bear the full name and address of the ultimate user for whom, or of the owner of the animal for which the controlled substance is dispensed, and the full name, address, and registry number under the law of the United States relating to controlled substances of the prescriber prescribing if he or she is required by those laws to be so registered, and the pharmacist filling such oral prescription shall write the date of filling and his or her own signature on the face of such written memorandum thereof. The facsimile copy of the prescription or written memorandum of the oral prescription shall be retained on file by the proprietor of the pharmacy in which it is filled for a period of not less than two years, so as to be readily accessible for inspection by any officer or employee engaged in the enforcement of this Act in the same manner as a written prescription. The facsimile copy of the prescription or oral prescription and the written memorandum thereof shall not be filled or refilled more than 6 months after the date thereof or be refilled more than 5 times, unless renewed, in writing, by the prescriber.
(c) Except for any non-prescription targeted methamphetamine precursor regulated by the Methamphetamine Precursor Control Act, a controlled substance included in Schedule V shall not be distributed or dispensed other than for a medical purpose and not for the purpose of evading this Act, and then:
(1) only personally by a person registered to
| | dispense a Schedule V controlled substance and then only to his or her patients, or
|
| (2) only personally by a pharmacist, and then only to
| | a person over 21 years of age who has identified himself or herself to the pharmacist by means of 2 positive documents of identification.
|
| The dispenser shall record the name and address of the purchaser, the name and quantity of the product, the date and time of the sale, and the dispenser's signature.
No person shall purchase or be dispensed more than 120 milliliters or more than 120 grams of any Schedule V substance which contains codeine, dihydrocodeine, or any salts thereof, or ethylmorphine, or any salts thereof, in any 96-hour period. The purchaser shall sign a form, approved by the Department of Financial and Professional Regulation, attesting that he or she has not purchased any Schedule V controlled substances within the immediately preceding 96 hours.
All records of purchases and sales shall be maintained for not less than 2 years.
No person shall obtain or attempt to obtain within any consecutive 96-hour period any Schedule V substances of more than 120 milliliters or more than 120 grams containing codeine, dihydrocodeine or any of its salts, or ethylmorphine or any of its salts. Any person obtaining any such preparations or combination of preparations in excess of this limitation shall be in unlawful possession of such controlled substance.
A person qualified to dispense controlled substances under this Act and registered thereunder shall at no time maintain or keep in stock a quantity of Schedule V controlled substances in excess of 4.5 liters for each substance; a pharmacy shall at no time maintain or keep in stock a quantity of Schedule V controlled substances as defined in excess of 4.5 liters for each substance, plus the additional quantity of controlled substances necessary to fill the largest number of prescription orders filled by that pharmacy for such controlled substances in any one week in the previous year. These limitations shall not apply to Schedule V controlled substances which Federal law prohibits from being dispensed without a prescription.
No person shall distribute or dispense butyl nitrite for inhalation or other introduction into the human body for euphoric or physical effect.
(d) Every practitioner shall keep a record or log of controlled substances received by him or her and a record of all such controlled substances administered, dispensed or professionally used by him or her otherwise than by prescription. It shall, however, be sufficient compliance with this paragraph if any practitioner utilizing controlled substances listed in Schedules III, IV and V shall keep a record of all those substances dispensed and distributed by him or her other than those controlled substances which are administered by the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means to the body of a patient or research subject. A practitioner who dispenses, other than by administering, a controlled substance in Schedule II, which is a narcotic drug listed in Section 206 of this Act, or which contains any quantity of amphetamine or methamphetamine, their salts, optical isomers or salts of optical isomers, pentazocine, or methaqualone shall do so only upon the issuance of a written prescription blank or electronic prescription issued by a prescriber.
(e) Whenever a manufacturer distributes a controlled substance in a package prepared by him or her, and whenever a wholesale distributor distributes a controlled substance in a package prepared by him or her or the manufacturer, he or she shall securely affix to each package in which that substance is contained a label showing in legible English the name and address of the manufacturer, the distributor and the quantity, kind and form of controlled substance contained therein. No person except a pharmacist and only for the purposes of filling a prescription under this Act, shall alter, deface or remove any label so affixed.
(f) Whenever a practitioner dispenses any controlled substance except a non-prescription Schedule V product or a non-prescription targeted methamphetamine precursor regulated by the Methamphetamine Precursor Control Act, he or she shall affix to the container in which such substance is sold or dispensed, a label indicating the date of initial filling, the practitioner's name and address, the name of the patient, the name of the prescriber, the directions for use and cautionary statements, if any, contained in any prescription or required by law, the proprietary name or names or the established name of the controlled substance, and the dosage and quantity, except as otherwise authorized by regulation by the Department of Financial and Professional Regulation. No person shall alter, deface or remove any label so affixed as long as the specific medication remains in the container.
(g) A person to whom or for whose use any controlled substance has been prescribed or dispensed by a practitioner, or other persons authorized under this Act, and the owner of any animal for which such substance has been prescribed or dispensed by a veterinarian, may lawfully possess such substance only in the container in which it was delivered to him or her by the person dispensing such substance.
(h) The responsibility for the proper prescribing or dispensing of controlled substances that are under the prescriber's direct control is upon the prescriber. The responsibility for the proper filling of a prescription for controlled substance drugs rests with the pharmacist. An order purporting to be a prescription issued to any individual, which is not in the regular course of professional treatment nor part of an authorized methadone maintenance program, nor in legitimate and authorized research instituted by any accredited hospital, educational institution, charitable foundation, or federal, state or local governmental agency, and which is intended to provide that individual with controlled substances sufficient to maintain that individual's or any other individual's, habitual or customary use, dependence, or diversion of that controlled substance is not a prescription within the meaning and intent of this Act; and the person issuing it, shall be subject to the penalties provided for violations of the law relating to controlled substances.
(i) A prescriber shall not pre-print or cause to be pre-printed a prescription for any controlled substance; nor shall any practitioner issue, fill or cause to be issued or filled, a pre-printed prescription for any controlled substance.
(i-5) A prescriber may use a machine or electronic device to individually generate a printed prescription, but the prescriber is still required to affix his or her manual signature.
(j) No person shall manufacture, dispense, deliver, possess with intent to deliver, prescribe, or administer or cause to be administered under his or her direction any anabolic steroid, for any use in humans other than the treatment of disease in accordance with the order of a physician licensed to practice medicine in all its branches for a valid medical purpose in the course of professional practice. The use of anabolic steroids for the purpose of hormonal manipulation that is intended to increase muscle mass, strength or weight without a medical necessity to do so, or for the intended purpose of improving physical appearance or performance in any form of exercise, sport, or game, is not a valid medical purpose or in the course of professional practice.
(k) Controlled substances may be mailed if all of the following conditions are met:
(1) The controlled substances are not outwardly
| | dangerous and are not likely, of their own force, to cause injury to a person's life or health.
|
| (2) The inner container of a parcel containing
| | controlled substances must be marked and sealed as required under this Act and its rules, and be placed in a plain outer container or securely wrapped in plain paper.
|
| (3) If the controlled substances consist of
| | prescription medicines, the inner container must be labeled to show the name and address of the pharmacy or practitioner dispensing the prescription.
|
| (4) The outside wrapper or container must be free of
| | markings that would indicate the nature of the contents.
|
| (l) Notwithstanding any other provision of this Act to the contrary, emergency medical services personnel may administer Schedule II, III, IV, or V controlled substances to a person in the scope of their employment without a written, electronic, or oral prescription of a prescriber.
(Source: P.A. 102-1040, eff. 1-1-23; 103-154, eff. 6-30-23; 103-881, eff. 1-1-25.)
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720 ILCS 570/313 (720 ILCS 570/313) (from Ch. 56 1/2, par. 1313) (Text of Section before amendment by P.A. 103-881) Sec. 313. (a) Controlled substances which are lawfully administered in
hospitals or institutions licensed under the Hospital Licensing Act shall
be exempt from the requirements of Sections 312, 315.6, and 316, except
that the
prescription for the controlled substance shall be in writing on the
patient's record, signed by the prescriber, and dated, and shall state the
name and quantity of controlled substances ordered and the quantity
actually administered. The records of such prescriptions shall be
maintained for two years and shall be available for inspection by officers
and employees of the Illinois State Police and the Department of Financial and
Professional Regulation. The exemption under this subsection (a) does not apply to a prescription (including an outpatient prescription from an emergency department or outpatient clinic) for more than a 72-hour supply of a discharge medication to be consumed outside of the hospital or institution. (b) Controlled substances that can lawfully be administered or dispensed
directly to a patient in a long-term care facility licensed by the Department
of Public Health as a skilled nursing facility, intermediate care facility, or
long-term care facility for residents under 22 years of age, are exempt from
the requirements of Section 312 except that a prescription
for a
Schedule II controlled substance must be either a prescription signed
by the prescriber or a prescription transmitted by the prescriber or
prescriber's agent to the dispensing pharmacy by facsimile. The
facsimile serves as the original prescription and must be maintained for 2
years from the date of issue in the same manner as a written prescription
signed by the prescriber. (c) A prescription that is generated for a Schedule II controlled substance
to be compounded for direct administration to a patient in a private
residence, long-term care facility, or hospice program
may be transmitted by
facsimile by the prescriber or the prescriber's agent to the pharmacy providing
the home infusion services. The facsimile serves as the original
prescription for purposes of this paragraph (c) and it shall be maintained in
the same manner as the original prescription. (c-1) A prescription generated for a Schedule II controlled substance for a
patient residing in a hospice certified by Medicare under Title XVIII of the
Social Security Act or
licensed by the State may be transmitted by the practitioner or the
practitioner's
agent to the dispensing pharmacy by facsimile or electronically as provided in Section 311.5. The practitioner or
practitioner's
agent must note on the prescription that the patient is a hospice patient. The
facsimile or electronic record serves as the original prescription for purposes of this
paragraph (c-1) and it shall be maintained in the same manner as the original
prescription. (d) Controlled substances which are lawfully administered
and/or dispensed
in drug abuse treatment programs licensed by the Department shall be exempt
from the requirements of Sections 312 and 316, except that the
prescription
for such controlled substances shall be issued and authenticated
on official prescription logs prepared and maintained in accordance with 77 Ill. Adm. Code 2060: Alcoholism and Substance Abuse Treatment and Intervention Licenses, and in compliance with other applicable State and federal laws. The Department-licensed drug treatment program shall report applicable prescriptions via electronic record keeping software approved by the Department. This software must be compatible with the specifications of the Department. Drug abuse treatment programs shall report to the Department methadone prescriptions or medications dispensed through the use of Department-approved File Transfer Protocols (FTPs). Methadone prescription records must be maintained in accordance with the applicable requirements as set forth by the Department in accordance with 77 Ill. Adm. Code 2060: Alcoholism and Substance Abuse Treatment and Intervention Licenses, and in compliance with other applicable State and federal laws. (e) Nothing in this Act shall be construed to limit the authority of a hospital pursuant to Section 65-45 of the Nurse Practice Act to grant hospital clinical privileges to an individual advanced practice registered nurse to select, order or administer medications, including controlled substances to provide services within a hospital. Nothing in this Act shall be construed to limit the authority of an ambulatory surgical treatment center pursuant to Section 65-45 of the Nurse Practice Act to grant ambulatory surgical treatment center clinical privileges to an individual advanced practice registered nurse to select, order or administer medications, including controlled substances to provide services within an ambulatory surgical treatment center.(Source: P.A. 102-608, eff. 8-27-21.) (Text of Section after amendment by P.A. 103-881) Sec. 313. (a) Controlled substances which are lawfully administered in hospitals or institutions licensed under the Hospital Licensing Act shall be exempt from the requirements of Sections 312, 315.6, and 316, except that the prescription for the controlled substance shall be in writing on the patient's record, signed by the prescriber, and dated, and shall state the name and quantity of controlled substances ordered and the quantity actually administered. The records of such prescriptions shall be maintained for two years and shall be available for inspection by officers and employees of the Illinois State Police and the Department of Financial and Professional Regulation. The exemption under this subsection (a) does not apply to a prescription (including an outpatient prescription from an emergency department or outpatient clinic) for more than a 72-hour supply of a discharge medication to be consumed outside of the hospital or institution. (b) Controlled substances that can lawfully be administered or dispensed directly to a patient in a long-term care facility licensed by the Department of Public Health as a skilled nursing facility, intermediate care facility, or long-term care facility for residents under 22 years of age, are exempt from the requirements of Section 312 except that a prescription for a Schedule II controlled substance must be either a prescription signed by the prescriber or a prescription transmitted by the prescriber or prescriber's agent to the dispensing pharmacy by facsimile. The facsimile serves as the original prescription and must be maintained for 2 years from the date of issue in the same manner as a written prescription signed by the prescriber. (c) A prescription that is generated for a Schedule II controlled substance to be compounded for direct administration to a patient in a private residence, long-term care facility, or hospice program may be transmitted by facsimile by the prescriber or the prescriber's agent to the pharmacy providing the home infusion services. The facsimile serves as the original prescription for purposes of this paragraph (c) and it shall be maintained in the same manner as the original prescription. (c-1) A prescription generated for a Schedule II controlled substance for a patient residing in a hospice certified by Medicare under Title XVIII of the Social Security Act or licensed by the State may be transmitted by the practitioner or the practitioner's agent to the dispensing pharmacy by facsimile or electronically as provided in Section 311.5. The practitioner or practitioner's agent must note on the prescription that the patient is a hospice patient. The facsimile or electronic record serves as the original prescription for purposes of this paragraph (c-1) and it shall be maintained in the same manner as the original prescription. (d) Controlled substances which are lawfully administered and/or dispensed in substance use disorder treatment programs licensed by the Department shall be exempt from the requirements of Sections 312 and 316, except that the prescription for such controlled substances shall be issued and authenticated on official prescription logs prepared and maintained in accordance with 77 Ill. Adm. Code 2060: Alcoholism and Substance Abuse Treatment and Intervention Licenses, and in compliance with other applicable State and federal laws. The Department-licensed drug treatment program shall report applicable prescriptions via electronic record keeping software approved by the Department. This software must be compatible with the specifications of the Department. Substance use disorder treatment programs shall report to the Department methadone prescriptions or medications dispensed through the use of Department-approved File Transfer Protocols (FTPs). Methadone prescription records must be maintained in accordance with the applicable requirements as set forth by the Department in accordance with 77 Ill. Adm. Code 2060: Alcoholism and Substance Abuse Treatment and Intervention Licenses, and in compliance with other applicable State and federal laws. (e) Nothing in this Act shall be construed to limit the authority of a hospital pursuant to Section 65-45 of the Nurse Practice Act to grant hospital clinical privileges to an individual advanced practice registered nurse to select, order or administer medications, including controlled substances to provide services within a hospital. Nothing in this Act shall be construed to limit the authority of an ambulatory surgical treatment center pursuant to Section 65-45 of the Nurse Practice Act to grant ambulatory surgical treatment center clinical privileges to an individual advanced practice registered nurse to select, order or administer medications, including controlled substances to provide services within an ambulatory surgical treatment center.(Source: P.A. 102-608, eff. 8-27-21; 103-881, eff. 1-1-25.) |
720 ILCS 570/314
(720 ILCS 570/314)
Sec. 314. (Repealed).
(Source: P.A. 77-757. Repealed by P.A. 97-334, eff. 1-1-12.)
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720 ILCS 570/314.5 (720 ILCS 570/314.5) Sec. 314.5. Medication shopping; pharmacy shopping. (a) It shall be unlawful for any person knowingly or intentionally to fraudulently obtain or fraudulently seek to obtain any controlled substance or prescription for a controlled substance from a prescriber or dispenser while being supplied with any controlled substance or prescription for a controlled substance by another prescriber or dispenser, without disclosing the fact of the existing controlled substance or prescription for a controlled substance to the prescriber or dispenser from whom the subsequent controlled substance or prescription for a controlled substance is sought. (b) It shall be unlawful for a person knowingly or intentionally to fraudulently obtain or fraudulently seek to obtain any controlled substance from a pharmacy while being supplied with any controlled substance by another pharmacy, without disclosing the fact of the existing controlled substance to the pharmacy from which the subsequent controlled substance is sought. (c) A person may be in violation of Section 3.23 of the Illinois Food, Drug and Cosmetic Act or Section 406 of this Act when medication shopping or pharmacy shopping, or both. (c-5) Effective January 1, 2018, each prescriber possessing an Illinois controlled substances license shall register with the Prescription Monitoring Program. Notwithstanding any provision of this Act to the contrary, beginning on and after the effective date of this amendatory Act of the 101st General Assembly, a licensed veterinarian shall be exempt from registration and prohibited from accessing patient information in the Prescription Monitoring Program. Licensed veterinarians that are existing registrants shall be removed from the Prescription Monitoring Program. Each prescriber or his or her designee shall also document an attempt to access patient information in the Prescription Monitoring Program to assess patient access to controlled substances when providing an initial prescription for Schedule II narcotics such as opioids, except for prescriptions for oncology treatment or palliative care, or a 7-day or less supply provided by a hospital emergency department when treating an acute, traumatic medical condition. This attempt to access shall be documented in the patient's medical record. The hospital shall facilitate the designation of a prescriber's designee for the purpose of accessing the Prescription Monitoring Program for services provided at the hospital. (d) When a person has been identified as having 5 or more prescribers or 5 or more pharmacies, or both, that do not utilize a common electronic file as specified in Section 20 of the Pharmacy Practice Act for controlled substances within the course of a 6-month period, the Prescription Monitoring Program may issue an unsolicited report to the prescribers, dispensers, and their designees informing them of the potential medication shopping. If an unsolicited report is issued to a prescriber or prescribers, then the
report must also be sent to the applicable dispensing pharmacy. (e) Nothing in this Section shall be construed to create a requirement that any prescriber, dispenser, or pharmacist request any patient medication disclosure, report any patient activity, or prescribe or refuse to prescribe or dispense any medications. (f) This Section shall not be construed to apply to inpatients or residents at hospitals or other institutions or to institutional pharmacies.
(g) Any patient feedback, including grades, ratings, or written or verbal statements, in opposition to a clinical decision that the prescription of a controlled substance is not medically necessary shall not be the basis of any adverse action, evaluation, or any other type of negative credentialing, contracting, licensure, or employment action taken against a prescriber or dispenser. (Source: P.A. 101-414, eff. 8-16-19; 102-527, eff. 8-20-21.) |
720 ILCS 570/315
(720 ILCS 570/315)
Sec. 315. (Repealed).
(Source: P.A. 77-757. Repealed by P.A. 97-334, eff. 1-1-12.)
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720 ILCS 570/315.5 (720 ILCS 570/315.5) (Text of Section before amendment by P.A. 103-531) Sec. 315.5. Opioid education for prescribers. Every prescriber who is licensed to prescribe controlled
substances shall, during the pre-renewal period, complete 3 hours of continuing education on safe opioid
prescribing practices offered or accredited by a professional association, State government agency, or federal government
agency. Notwithstanding any individual licensing Act or administrative rule, a
prescriber may count these 3 hours toward the total continuing education hours required for renewal of a
professional license. Continuing education on safe opioid prescribing practices applied to meet any other State
licensure requirement or professional accreditation or certification requirement may be used toward the
requirement under this Section.
The Department of Financial and Professional Regulation may adopt rules for the administration of this Section.
(Source: P.A. 100-1106, eff. 1-1-19.) (Text of Section after amendment by P.A. 103-531) Sec. 315.5. Opioid education for prescribers. In accordance with the requirement for prescribers of controlled substances to undergo training under Section 1263 of the Consolidated Appropriations Act, 2023 (Public Law 117-328), every prescriber who is licensed to prescribe controlled
substances shall, during the pre-renewal period, complete one hour of continuing education on safe opioid
prescribing practices offered or accredited by a professional association, State government agency, or federal government
agency. Notwithstanding any individual licensing Act or administrative rule, a
prescriber may count this hour toward the total continuing education hours required for renewal of a
professional license. Continuing education on safe opioid prescribing practices applied to meet any other State
licensure requirement or professional accreditation or certification requirement may be used toward the
requirement under this Section.
The Department of Financial and Professional Regulation may adopt rules for the administration of this Section.
(Source: P.A. 103-531, eff. 1-1-25.) |
720 ILCS 570/315.6 (720 ILCS 570/315.6) Sec. 315.6. Risks of dependence on opioids. (a) Definitions. As used in this Section: (1) "Opioid" means a narcotic drug or substance that | | is a Schedule II controlled substance under paragraph (1), (2), (3), or (5) of subsection (b) or under subsection (c) of Section 206 of this Act.
|
| (2) "Department" means the Department of Human
| | (b) The Department shall develop and make available on its website information on the risks of developing a physical or psychological dependence on opioids and any alternative treatments, including the Opioid Alternative Pilot Program.
(c) The Department shall develop and make available upon request to all prescribers, pharmacists, and patients in the State a pamphlet which explains the risks of developing a physical or psychological dependence on opioids. This pamphlet may contain any information which the Secretary of the Department deems necessary and may be revised by the Department whenever new information becomes available. The pamphlet shall be downloadable from the Department's website.
(d) A pharmacist shall, prior to dispensing an opioid that is a Schedule II controlled substance, furnish the pamphlet or information therein developed by the Department and discuss the risks of developing a physical or psychological dependence on opioids.
(Source: P.A. 102-608, eff. 8-27-21.)
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720 ILCS 570/316
(720 ILCS 570/316)
Sec. 316. Prescription Monitoring Program. (a) The Department must provide for a
Prescription Monitoring Program for Schedule II, III, IV, and V controlled substances that includes the following components and requirements:
(1) The dispenser must transmit to the central | | repository, in a form and manner specified by the Department, the following information:
|
|
(A) The recipient's name and address.
(B) The recipient's date of birth and gender.
(C) The national drug code number of the
| | controlled substance dispensed.
|
|
(D) (Blank).
(E) The quantity of the controlled substance
| | dispensed and days supply.
|
|
(F) The dispenser's United States Drug
| | Enforcement Administration registration number.
|
|
(G) The prescriber's United States Drug
| | Enforcement Administration registration number.
|
|
(H) The dates the controlled substance
| | (I) The payment type used to purchase the
| | controlled substance (i.e. Medicaid, cash, third party insurance).
|
| (J) The patient location code (i.e. home, nursing
| | home, outpatient, etc.) for the controlled substances other than those filled at a retail pharmacy.
|
| (K) Any additional information that may be
| | required by the department by administrative rule, including but not limited to information required for compliance with the criteria for electronic reporting of the American Society for Automation and Pharmacy or its successor.
|
| (2) The information required to be transmitted under
| | this Section must be transmitted not later than the end of the business day on which a controlled substance is dispensed, or at such other time as may be required by the Department by administrative rule.
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|
(3) A dispenser must transmit electronically, as
| | provided by Department rule, the information required to be transmitted under this Section.
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|
(3.5) The requirements of paragraphs (1), (2), and
| | (3) of this subsection also apply to opioid treatment programs that are licensed or certified by the Department of Human Services' Division of Substance Use Prevention and Recovery and are authorized by the federal Drug Enforcement Administration to prescribe Schedule II, III, IV, or V controlled substances for the treatment of opioid use disorders. Opioid treatment programs shall attempt to obtain written patient consent, shall document attempts to obtain the written consent, and shall not transmit information without patient consent. Documentation obtained under this paragraph shall not be utilized for law enforcement purposes, as proscribed under 42 CFR 2, as amended by 42 U.S.C. 290dd-2. Treatment of a patient shall not be conditioned upon his or her written consent.
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| (4) The Department may impose a civil fine of up to
| | $100 per day for willful failure to report controlled substance dispensing to the Prescription Monitoring Program. The fine shall be calculated on no more than the number of days from the time the report was required to be made until the time the problem was resolved, and shall be payable to the Prescription Monitoring Program.
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(a-5) Notwithstanding subsection (a), a licensed veterinarian is exempt from the reporting requirements of this Section. If a person who is presenting an animal for treatment is suspected of fraudulently obtaining any controlled substance or prescription for a controlled substance, the licensed veterinarian shall report that information to the local law enforcement agency.
(b) The Department, by rule, may include in the Prescription Monitoring Program certain other select drugs that are not included in Schedule II, III, IV, or V. The Prescription Monitoring Program does not apply to
controlled substance prescriptions as exempted under Section
313.
(c) The collection of data on select drugs and scheduled substances by the Prescription Monitoring Program may be used as a tool for addressing oversight requirements of long-term care institutions as set forth by Public Act 96-1372. Long-term care pharmacies shall transmit patient medication profiles to the Prescription Monitoring Program monthly or more frequently as established by administrative rule.
(d) The Department of Human Services shall appoint a full-time Clinical Director of the Prescription Monitoring Program.
(e) (Blank).
(f) It is the responsibility of any new, ceased, or unconnected healthcare facility and its selected Electronic Health Records System or Pharmacy Management System to make contact with and ensure integration with the Prescription Monitoring Program.
As soon as practicable after the effective date of this amendatory Act of the 103rd General Assembly, the Department shall adopt rules requiring Electronic Health Records Systems and Pharmacy Management Systems to interface, by January 1, 2024, with the Prescription Monitoring Program to ensure that providers have access to specific patient records during the treatment of their patients. The Department shall identify actions to be taken if a prescriber's Electronic Health Records System and Pharmacy Management Systems does not effectively interface with the Prescription Monitoring Program once the Prescription Monitoring Program is aware of the non-integrated connection.
(g) The Department, in consultation with the Prescription Monitoring Program Advisory Committee, shall adopt rules allowing licensed prescribers or pharmacists who have registered to access the Prescription Monitoring Program to authorize a licensed or non-licensed designee employed in that licensed prescriber's office or a licensed designee in a licensed pharmacist's pharmacy who has received training in the federal Health Insurance Portability and Accountability Act and 42 CFR 2 to consult the Prescription Monitoring Program on their behalf. The rules shall include reasonable parameters concerning a practitioner's authority to authorize a designee, and the eligibility of a person to be selected as a designee. In this subsection (g), "pharmacist" shall include a clinical pharmacist employed by and designated by a Medicaid Managed Care Organization providing services under Article V of the Illinois Public Aid Code under a contract with the Department of Healthcare and Family Services for the sole purpose of clinical review of services provided to persons covered by the entity under the contract to determine compliance with subsections (a) and (b) of Section 314.5 of this Act. A managed care entity pharmacist shall notify prescribers of review activities.
(Source: P.A. 102-527, eff. 8-20-21; 102-813, eff. 5-13-22; 103-477, eff. 8-4-23.)
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720 ILCS 570/316.1 (720 ILCS 570/316.1) Sec. 316.1. Access to the integration of pharmacy records with the Prescription Monitoring Program. (a) Subject to the requirements and limitations set out in this Section and in administrative rule, the Department shall not require, either expressly or effectively, Electronic Health Records Systems, pharmacies, or other providers to utilize a particular entity or system for access to the integration of pharmacy records with the Prescription Monitoring Program. (1) Any entity or system for integration | | (transmitting the data maintained by the Prescription Monitoring Program) into an Electronic Health Records System, Certified Health IT Module, Pharmacy Dispensing System, or Pharmacy Management System must meet applicable requirements outlined in administrative rule, including, but not limited to, the following:
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| (A) enter into a data sharing agreement with the
| | Department of Human Services, Prescription Monitoring Program;
|
| (B) all security requirements noted within this
| | Section, administrative rule, and all other applicable State and federal security and privacy requirements;
|
| (C) the Prescription Monitoring Program shall
| | have administrative control over the approval of each site and individual integration point and the Prescription Monitoring Program shall have the ability to disable individual integration points, at no additional cost to the State;
|
| (D) interstate data sharing shall be completed
| | with written authorization from the Prescription Monitoring Program;
|
| (E) data available from the Prescription
| | Monitoring Program shall not be stored, cached, or sold and the State may inspect and review an entity or system for integration to assure and confirm the same, subject to a reasonable non-disclosure agreement, as permitted by State law, to protect the entity's or system's trade secrets or other proprietary information;
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| (F) analysis of data shall only be allowed with
| | express written permission from the Prescription Monitoring Program; and
|
| (G) access to audit data, shall be available in
| | hourly to real-time increments at no cost to the State.
|
| (2) Electronic Health Record Systems, Certified
| | Health IT Modules, Pharmacy Management Systems, and Pharmacy Dispensing Systems integrated with the Prescription Monitoring Program must meet applicable requirements outlined in rule, including, but not limited to, the following:
|
| (A) provide their customers (healthcare entity,
| | pharmacy, provider, prescriber, dispenser, etc.) the choice of approved integration vendor, meeting the requirements of this Section and administrative rule, or direct connect to the Illinois Prescription Monitoring Program;
|
| (B) provide their customers with access to the
| | data provided by the customer's chosen integration vendor as allowed under State and federal statute; and
|
| (C) follow all State and federal security and
| | (3) Customers required to integrate under State or
| | federal law must meet the requirements outlined in administrative rule, including, but not limited to, the following:
|
| (A) the customer retains the choice of which
| | integration vendor or direct connect is utilized to connect to the Illinois Prescription Monitoring Program; and
|
| (B) customers seeking to contract with a new
| | integration vendor, shall enter into a memorandum of understanding with the Prescription Monitoring Program.
|
| (b) The Illinois Prescription Monitoring Program may exercise the power, by rule, to require Memoranda of Understanding with all customers. The general contents of the memorandum of understanding shall be set out in rule and shall include, but not be limited to:
(1) the acknowledgment and choice of the customer of
| | the method of integration with the Prescription Monitoring Program and
|
| (2) the data use and other requirements on the
| | customer in accessing and using the Prescription Monitoring Program.
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| A fee cannot be levied as part of a memorandum of understanding required by the Department under this Section.
(c) Non-compliance by the Integration Vendor, Electronic Health Record System, Certified Health IT Module, Pharmacy Management System or Pharmacy Dispensing System, customer, or any parties required to comply with this Section may result in the party being prohibited from serving as entity or system for integration with the Prescription Monitoring Program, termination of contracts, agreements, or other business relationships. The Department shall institute appropriate cure notices, as necessary to remedy non-compliance.
(Source: P.A. 103-477, eff. 7-1-24.)
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720 ILCS 570/317
(720 ILCS 570/317)
Sec. 317. Central repository for collection of information.
(a) The Department must designate a central repository for
the collection of information transmitted under Section 316 and former Section 321.
(b) The central repository must do the following:
(1) Create a database for information required to be | | transmitted under Section 316 in the form required under rules adopted by the Department, including search capability for the following:
|
|
(A) A recipient's name and address.
(B) A recipient's date of birth and gender.
(C) The national drug code number of a controlled
| |
(D) (Blank).
(E) The quantities and days supply of a
| | controlled substance dispensed.
|
|
(F) A dispenser's Administration registration
| |
(G) A prescriber's Administration registration
| |
(H) The dates the controlled substance
| | (I) The payment type used to purchase the
| | controlled substance (i.e. Medicaid, cash, third party insurance).
|
| (J) The patient location code (i.e. home, nursing
| | home, outpatient, etc.) for controlled substance prescriptions other than those filled at a retail pharmacy.
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| (2) Provide the Department with a database maintained
| | by the central repository. The Department of Financial and Professional Regulation must provide the Department with electronic access to the license information of a prescriber or dispenser.
|
|
(3) Secure the information collected by the central
| | repository and the database maintained by the central repository against access by unauthorized persons.
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| All prescribers shall designate one or more medical specialties or fields of medical care and treatment for which the prescriber prescribes controlled substances when registering with the Prescription Monitoring Program.
No fee shall be charged for access by a prescriber or dispenser.
(Source: P.A. 103-477, eff. 8-4-23.)
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720 ILCS 570/318 (720 ILCS 570/318) (Text of Section before amendment by P.A. 103-881) Sec. 318. Confidentiality of information. (a) Information received by the central repository under Section 316 and former Section 321
is confidential. (a-1) To ensure the federal Health Insurance Portability and Accountability Act and confidentiality of substance use disorder patient records rules that mandate the privacy of an individual's prescription data reported to the Prescription Monitoring Program received from a retail dispenser under this Act, and in order to execute the duties and responsibilities under Section 316 of this Act and rules for disclosure under this Section, the Clinical Director of the Prescription Monitoring Program or his or her designee shall maintain direct access to all Prescription Monitoring Program data. Any request for Prescription Monitoring Program data from any other department or agency must be approved in writing by the Clinical Director of the Prescription Monitoring Program or his or her designee unless otherwise permitted by law. Prescription Monitoring Program data shall only be disclosed as permitted by law. (a-2) As an active step to address the current opioid crisis in this State and to prevent and reduce addiction resulting from a sports injury or an accident, the Prescription Monitoring Program and the Department of Public Health shall coordinate a continuous review of the Prescription Monitoring Program and the Department of Public Health data to determine if a patient may be at risk of opioid addiction. Each patient discharged from any medical facility with an International Classification of Disease, 10th edition code related to a sport or accident injury shall be subject to the data review. If the discharged patient is dispensed a controlled substance, the Prescription Monitoring Program shall alert the patient's prescriber as to the addiction risk and urge each to follow the Centers for Disease Control and Prevention guidelines or his or her respective profession's treatment guidelines related to the patient's injury. This subsection (a-2), other than this sentence, is inoperative on or after January 1, 2024. (b) The Department must carry out a program to protect the
confidentiality of the information described in subsection (a). The Department
may
disclose the information to another person only under
subsection (c), (d), or (f) and may charge a fee not to exceed the actual cost
of
furnishing the
information. (c) The Department may disclose confidential information described
in subsection (a) to any person who is engaged in receiving, processing, or
storing the information. (d) The Department may release confidential information described
in subsection (a) to the following persons: (1) A governing body that licenses practitioners and | | is engaged in an investigation, an adjudication, or a prosecution of a violation under any State or federal law that involves a controlled substance.
|
| (2) An investigator for the Consumer Protection
| | Division of the office of the Attorney General, a prosecuting attorney, the Attorney General, a deputy Attorney General, or an investigator from the office of the Attorney General, who is engaged in any of the following activities involving controlled substances:
|
| (A) an investigation;
(B) an adjudication; or
(C) a prosecution of a violation under any State
| | or federal law that involves a controlled substance.
|
| (3) A law enforcement officer who is:
(A) authorized by the Illinois State Police or
| | the office of a county sheriff or State's Attorney or municipal police department of Illinois to receive information of the type requested for the purpose of investigations involving controlled substances; or
|
| (B) approved by the Department to receive
| | information of the type requested for the purpose of investigations involving controlled substances; and
|
| (C) engaged in the investigation or prosecution
| | of a violation under any State or federal law that involves a controlled substance.
|
| (4) Select representatives of the Department of
| | Children and Family Services through the indirect online request process. Access shall be established by an intergovernmental agreement between the Department of Children and Family Services and the Department of Human Services.
|
| (e) Before the Department releases confidential information under
subsection (d), the applicant must demonstrate in writing to the Department that:
(1) the applicant has reason to believe that a
| | violation under any State or federal law that involves a controlled substance has occurred; and
|
| (2) the requested information is reasonably related
| | to the investigation, adjudication, or prosecution of the violation described in subdivision (1).
|
| (f) The Department may receive and release prescription record information under Section 316 and former Section 321 to:
(1) a governing
body that licenses practitioners;
(2) an investigator for the Consumer Protection
| | Division of the office of the Attorney General, a prosecuting attorney, the Attorney General, a deputy Attorney General, or an investigator from the office of the Attorney General;
|
| (3) any Illinois law enforcement officer who is:
(A) authorized to receive the type of information
| | (B) approved by the Department to receive the
| | type of information released; or
|
| (4) prescription monitoring entities in other states
| | per the provisions outlined in subsection (g) and (h) below;
|
| confidential prescription record information collected under Sections 316 and 321 (now repealed) that identifies vendors or
practitioners, or both, who are prescribing or dispensing large quantities of
Schedule II, III, IV, or V controlled
substances outside the scope of their practice, pharmacy, or business, as determined by the Advisory Committee created by Section 320.
(f-5) In accordance with a confidentiality agreement entered into with the Department, a medical director, or a public health administrator and their delegated analysts, of a county or municipal health department or the Department of Public Health shall have access to data from the system for any of the following purposes:
(1) developing education programs or public
| | health interventions relating to prescribing trends and controlled substance use; or
|
| (2) conducting analyses and publish reports on
| | prescribing trends in their respective jurisdictions.
|
| At a minimum, the confidentiality agreement entered into with the Department shall:
(i) prohibit analysis and reports produced under
| | subparagraph (2) from including information that identifies, by name, license, or address, any practitioner, dispenser, ultimate user, or other person administering a controlled substance; and
|
| (ii) specify the appropriate technical and physical
| | safeguards that the county or municipal health department must implement to ensure the privacy and security of data obtained from the system. The data from the system shall not be admissible as evidence, nor discoverable in any action of any kind in any court or before any tribunal, board, agency, or person. The disclosure of any such information or data, whether proper or improper, shall not waive or have any effect upon its confidentiality, non-discoverability, or non-admissibility.
|
| (g) The information described in subsection (f) may not be released until it
has been reviewed by an employee of the Department who is licensed as a
prescriber or a dispenser
and until that employee has certified
that further investigation is warranted. However, failure to comply with this
subsection (g) does not invalidate the use of any evidence that is otherwise
admissible in a proceeding described in subsection (h).
(h) An investigator or a law enforcement officer receiving confidential
information under subsection (c), (d), or (f) may disclose the information to a
law enforcement officer or an attorney for the office of the Attorney General
for use as evidence in the following:
(1) A proceeding under any State or federal law that
| | involves a controlled substance.
|
| (2) A criminal proceeding or a proceeding in juvenile
| | court that involves a controlled substance.
|
| (i) The Department may compile statistical reports from the
information described in subsection (a). The reports must not include
information that identifies, by name, license or address, any practitioner, dispenser, ultimate user, or other person
administering a controlled substance.
(j) Based upon federal, initial and maintenance funding, a prescriber and dispenser inquiry system shall be developed to assist the health care community in its goal of effective clinical practice and to prevent patients from diverting or abusing medications.
(1) An inquirer shall have read-only access to a
| | stand-alone database which shall contain records for the previous 12 months.
|
| (2) Dispensers may, upon positive and secure
| | identification, make an inquiry on a patient or customer solely for a medical purpose as delineated within the federal HIPAA law.
|
| (3) The Department shall provide a one-to-one secure
| | link and encrypted software necessary to establish the link between an inquirer and the Department. Technical assistance shall also be provided.
|
| (4) Written inquiries are acceptable but must
| | include the fee and the requester's Drug Enforcement Administration license number and submitted upon the requester's business stationery.
|
| (5) As directed by the Prescription Monitoring
| | Program Advisory Committee and the Clinical Director for the Prescription Monitoring Program, aggregate data that does not indicate any prescriber, practitioner, dispenser, or patient may be used for clinical studies.
|
| (6) Tracking analysis shall be established and used
| | (7) Nothing in this Act or Illinois law shall be
| | construed to require a prescriber or dispenser to make use of this inquiry system.
|
| (8) If there is an adverse outcome because of a
| | prescriber or dispenser making an inquiry, which is initiated in good faith, the prescriber or dispenser shall be held harmless from any civil liability.
|
| (k) The Department shall establish, by rule, the process by which to evaluate possible erroneous association of prescriptions to any licensed prescriber or end user of the Illinois Prescription Information Library (PIL).
(l) The Prescription Monitoring Program Advisory Committee is authorized to evaluate the need for and method of establishing a patient specific identifier.
(m) Patients who identify prescriptions attributed to them that were not obtained by them shall be given access to their personal prescription history pursuant to the validation process as set forth by administrative rule.
(n) The Prescription Monitoring Program is authorized to develop operational push reports to entities with compatible electronic medical records. The process shall be covered within administrative rule established by the Department.
(o) Hospital emergency departments and freestanding healthcare facilities providing healthcare to walk-in patients may obtain, for the purpose of improving patient care, a unique identifier for each shift to utilize the PIL system.
(p) The Prescription Monitoring Program shall automatically create a log-in to the inquiry system when a prescriber or dispenser obtains or renews his or her controlled substance license. The Department of Financial and Professional Regulation must provide the Prescription Monitoring Program with electronic access to the license information of a prescriber or dispenser to facilitate the creation of this profile. The Prescription Monitoring Program shall send the prescriber or dispenser information regarding the inquiry system, including instructions on how to log into the system, instructions on how to use the system to promote effective clinical practice, and opportunities for continuing education for the prescribing of controlled substances. The Prescription Monitoring Program shall also send to all enrolled prescribers, dispensers, and designees information regarding the unsolicited reports produced pursuant to Section 314.5 of this Act.
(q) A prescriber or dispenser may authorize a designee to consult the inquiry system established by the Department under this subsection on his or her behalf, provided that all the following conditions are met:
(1) the designee so authorized is employed by the
| | same hospital or health care system; is employed by the same professional practice; or is under contract with such practice, hospital, or health care system;
|
| (2) the prescriber or dispenser takes reasonable
| | steps to ensure that such designee is sufficiently competent in the use of the inquiry system;
|
| (3) the prescriber or dispenser remains responsible
| | for ensuring that access to the inquiry system by the designee is limited to authorized purposes and occurs in a manner that protects the confidentiality of the information obtained from the inquiry system, and remains responsible for any breach of confidentiality; and
|
| (4) the ultimate decision as to whether or not to
| | prescribe or dispense a controlled substance remains with the prescriber or dispenser.
|
| The Prescription Monitoring Program shall send to registered designees information regarding the inquiry system, including instructions on how to log onto the system.
(r) The Prescription Monitoring Program shall maintain an Internet website in conjunction with its prescriber and dispenser inquiry system. This website shall include, at a minimum, the following information:
(1) current clinical guidelines developed by health
| | care professional organizations on the prescribing of opioids or other controlled substances as determined by the Advisory Committee;
|
| (2) accredited continuing education programs related
| | to prescribing of controlled substances;
|
| (3) programs or information developed by health care
| | professionals that may be used to assess patients or help ensure compliance with prescriptions;
|
| (4) updates from the Food and Drug Administration,
| | the Centers for Disease Control and Prevention, and other public and private organizations which are relevant to prescribing;
|
| (5) relevant medical studies related to prescribing;
(6) other information regarding the prescription of
| | controlled substances; and
|
| (7) information regarding prescription drug disposal
| | events, including take-back programs or other disposal options or events.
|
| The content of the Internet website shall be periodically reviewed by the Prescription Monitoring Program Advisory Committee as set forth in Section 320 and updated in accordance with the recommendation of the advisory committee.
(s) The Prescription Monitoring Program shall regularly send electronic updates to the registered users of the Program. The Prescription Monitoring Program Advisory Committee shall review any communications sent to registered users and also make recommendations for communications as set forth in Section 320. These updates shall include the following information:
(1) opportunities for accredited continuing
| | education programs related to prescribing of controlled substances;
|
| (2) current clinical guidelines developed by health
| | care professional organizations on the prescribing of opioids or other drugs as determined by the Advisory Committee;
|
| (3) programs or information developed by health care
| | professionals that may be used to assess patients or help ensure compliance with prescriptions;
|
| (4) updates from the Food and Drug Administration,
| | the Centers for Disease Control and Prevention, and other public and private organizations which are relevant to prescribing;
|
| (5) relevant medical studies related to prescribing;
(6) other information regarding prescribing of
| | (7) information regarding prescription drug disposal
| | events, including take-back programs or other disposal options or events; and
|
| (8) reminders that the Prescription Monitoring
| | Program is a useful clinical tool.
|
| (t) Notwithstanding any other provision of this Act, neither the Prescription Monitoring Program nor any other person shall disclose any information in violation of the restrictions and requirements of paragraph (3.5) of subsection (a) of Section 316 as implemented under Public Act 102-527.
(Source: P.A. 102-751, eff. 1-1-23.)
(Text of Section after amendment by P.A. 103-881)
Sec. 318. Confidentiality of information.
(a) Information received by the central repository under Section 316 and former Section 321 is confidential.
(a-1) To ensure the federal Health Insurance Portability and Accountability Act and confidentiality of substance use disorder patient records rules that mandate the privacy of an individual's prescription data reported to the Prescription Monitoring Program received from a retail dispenser under this Act, and in order to execute the duties and responsibilities under Section 316 of this Act and rules for disclosure under this Section, the Clinical Director of the Prescription Monitoring Program or his or her designee shall maintain direct access to all Prescription Monitoring Program data. Any request for Prescription Monitoring Program data from any other department or agency must be approved in writing by the Clinical Director of the Prescription Monitoring Program or his or her designee unless otherwise permitted by law. Prescription Monitoring Program data shall only be disclosed as permitted by law.
(a-2) As an active step to address the current opioid crisis in this State and to prevent and reduce substance use disorders resulting from a sports injury or an accident, the Prescription Monitoring Program and the Department of Public Health shall coordinate a continuous review of the Prescription Monitoring Program and the Department of Public Health data to determine if a patient may be at risk of opioid use disorder. Each patient discharged from any medical facility with an International Classification of Disease, 10th edition code related to a sport or accident injury shall be subject to the data review. If the discharged patient is dispensed a controlled substance, the Prescription Monitoring Program shall alert the patient's prescriber as to the risk of developing a substance use disorder and urge each to follow the Centers for Disease Control and Prevention guidelines or his or her respective profession's treatment guidelines related to the patient's injury. This subsection (a-2), other than this sentence, is inoperative on or after January 1, 2024.
(b) The Department must carry out a program to protect the confidentiality of the information described in subsection (a). The Department may disclose the information to another person only under subsection (c), (d), or (f) and may charge a fee not to exceed the actual cost of furnishing the information.
(c) The Department may disclose confidential information described in subsection (a) to any person who is engaged in receiving, processing, or storing the information.
(d) The Department may release confidential information described in subsection (a) to the following persons:
(1) A governing body that licenses practitioners and
| | is engaged in an investigation, an adjudication, or a prosecution of a violation under any State or federal law that involves a controlled substance.
|
| (2) An investigator for the Consumer Protection
| | Division of the office of the Attorney General, a prosecuting attorney, the Attorney General, a deputy Attorney General, or an investigator from the office of the Attorney General, who is engaged in any of the following activities involving controlled substances:
|
| (A) an investigation;
(B) an adjudication; or
(C) a prosecution of a violation under any State
| | or federal law that involves a controlled substance.
|
| (3) A law enforcement officer who is:
(A) authorized by the Illinois State Police or
| | the office of a county sheriff or State's Attorney or municipal police department of Illinois to receive information of the type requested for the purpose of investigations involving controlled substances; or
|
| (B) approved by the Department to receive
| | information of the type requested for the purpose of investigations involving controlled substances; and
|
| (C) engaged in the investigation or prosecution
| | of a violation under any State or federal law that involves a controlled substance.
|
| (4) Select representatives of the Department of
| | Children and Family Services through the indirect online request process. Access shall be established by an intergovernmental agreement between the Department of Children and Family Services and the Department of Human Services.
|
| (e) Before the Department releases confidential information under subsection (d), the applicant must demonstrate in writing to the Department that:
(1) the applicant has reason to believe that a
| | violation under any State or federal law that involves a controlled substance has occurred; and
|
| (2) the requested information is reasonably related
| | to the investigation, adjudication, or prosecution of the violation described in subdivision (1).
|
| (f) The Department may receive and release prescription record information under Section 316 and former Section 321 to:
(1) a governing body that licenses practitioners;
(2) an investigator for the Consumer Protection
| | Division of the office of the Attorney General, a prosecuting attorney, the Attorney General, a deputy Attorney General, or an investigator from the office of the Attorney General;
|
| (3) any Illinois law enforcement officer who is:
(A) authorized to receive the type of information
| | (B) approved by the Department to receive the
| | type of information released; or
|
| (4) prescription monitoring entities in other states
| | per the provisions outlined in subsection (g) and (h) below;
|
| confidential prescription record information collected under Sections 316 and 321 (now repealed) that identifies vendors or practitioners, or both, who are prescribing or dispensing large quantities of Schedule II, III, IV, or V controlled substances outside the scope of their practice, pharmacy, or business, as determined by the Advisory Committee created by Section 320.
(f-5) In accordance with a confidentiality agreement entered into with the Department, a medical director, or a public health administrator and their delegated analysts, of a county or municipal health department or the Department of Public Health shall have access to data from the system for any of the following purposes:
(1) developing education programs or public
| | health interventions relating to prescribing trends and controlled substance use; or
|
| (2) conducting analyses and publish reports on
| | prescribing trends in their respective jurisdictions.
|
| At a minimum, the confidentiality agreement entered into with the Department shall:
(i) prohibit analysis and reports produced under
| | subparagraph (2) from including information that identifies, by name, license, or address, any practitioner, dispenser, ultimate user, or other person administering a controlled substance; and
|
| (ii) specify the appropriate technical and physical
| | safeguards that the county or municipal health department must implement to ensure the privacy and security of data obtained from the system. The data from the system shall not be admissible as evidence, nor discoverable in any action of any kind in any court or before any tribunal, board, agency, or person. The disclosure of any such information or data, whether proper or improper, shall not waive or have any effect upon its confidentiality, non-discoverability, or non-admissibility.
|
| (g) The information described in subsection (f) may not be released until it has been reviewed by an employee of the Department who is licensed as a prescriber or a dispenser and until that employee has certified that further investigation is warranted. However, failure to comply with this subsection (g) does not invalidate the use of any evidence that is otherwise admissible in a proceeding described in subsection (h).
(h) An investigator or a law enforcement officer receiving confidential information under subsection (c), (d), or (f) may disclose the information to a law enforcement officer or an attorney for the office of the Attorney General for use as evidence in the following:
(1) A proceeding under any State or federal law that
| | involves a controlled substance.
|
| (2) A criminal proceeding or a proceeding in juvenile
| | court that involves a controlled substance.
|
| (i) The Department may compile statistical reports from the information described in subsection (a). The reports must not include information that identifies, by name, license or address, any practitioner, dispenser, ultimate user, or other person administering a controlled substance.
(j) Based upon federal, initial and maintenance funding, a prescriber and dispenser inquiry system shall be developed to assist the health care community in its goal of effective clinical practice and to prevent patients from diverting or abusing medications.
(1) An inquirer shall have read-only access to a
| | stand-alone database which shall contain records for the previous 12 months.
|
| (2) Dispensers may, upon positive and secure
| | identification, make an inquiry on a patient or customer solely for a medical purpose as delineated within the federal HIPAA law.
|
| (3) The Department shall provide a one-to-one secure
| | link and encrypted software necessary to establish the link between an inquirer and the Department. Technical assistance shall also be provided.
|
| (4) Written inquiries are acceptable but must include
| | the fee and the requester's Drug Enforcement Administration license number and submitted upon the requester's business stationery.
|
| (5) As directed by the Prescription Monitoring
| | Program Advisory Committee and the Clinical Director for the Prescription Monitoring Program, aggregate data that does not indicate any prescriber, practitioner, dispenser, or patient may be used for clinical studies.
|
| (6) Tracking analysis shall be established and used
| | (7) Nothing in this Act or Illinois law shall be
| | construed to require a prescriber or dispenser to make use of this inquiry system.
|
| (8) If there is an adverse outcome because of a
| | prescriber or dispenser making an inquiry, which is initiated in good faith, the prescriber or dispenser shall be held harmless from any civil liability.
|
| (k) The Department shall establish, by rule, the process by which to evaluate possible erroneous association of prescriptions to any licensed prescriber or end user of the Illinois Prescription Information Library (PIL).
(l) The Prescription Monitoring Program Advisory Committee is authorized to evaluate the need for and method of establishing a patient specific identifier.
(m) Patients who identify prescriptions attributed to them that were not obtained by them shall be given access to their personal prescription history pursuant to the validation process as set forth by administrative rule.
(n) The Prescription Monitoring Program is authorized to develop operational push reports to entities with compatible electronic medical records. The process shall be covered within administrative rule established by the Department.
(o) Hospital emergency departments and freestanding healthcare facilities providing healthcare to walk-in patients may obtain, for the purpose of improving patient care, a unique identifier for each shift to utilize the PIL system.
(p) The Prescription Monitoring Program shall automatically create a log-in to the inquiry system when a prescriber or dispenser obtains or renews his or her controlled substance license. The Department of Financial and Professional Regulation must provide the Prescription Monitoring Program with electronic access to the license information of a prescriber or dispenser to facilitate the creation of this profile. The Prescription Monitoring Program shall send the prescriber or dispenser information regarding the inquiry system, including instructions on how to log into the system, instructions on how to use the system to promote effective clinical practice, and opportunities for continuing education for the prescribing of controlled substances. The Prescription Monitoring Program shall also send to all enrolled prescribers, dispensers, and designees information regarding the unsolicited reports produced pursuant to Section 314.5 of this Act.
(q) A prescriber or dispenser may authorize a designee to consult the inquiry system established by the Department under this subsection on his or her behalf, provided that all the following conditions are met:
(1) the designee so authorized is employed by the
| | same hospital or health care system; is employed by the same professional practice; or is under contract with such practice, hospital, or health care system;
|
| (2) the prescriber or dispenser takes reasonable
| | steps to ensure that such designee is sufficiently competent in the use of the inquiry system;
|
| (3) the prescriber or dispenser remains responsible
| | for ensuring that access to the inquiry system by the designee is limited to authorized purposes and occurs in a manner that protects the confidentiality of the information obtained from the inquiry system, and remains responsible for any breach of confidentiality; and
|
| (4) the ultimate decision as to whether or not to
| | prescribe or dispense a controlled substance remains with the prescriber or dispenser.
|
| The Prescription Monitoring Program shall send to registered designees information regarding the inquiry system, including instructions on how to log onto the system.
(r) The Prescription Monitoring Program shall maintain an Internet website in conjunction with its prescriber and dispenser inquiry system. This website shall include, at a minimum, the following information:
(1) current clinical guidelines developed by health
| | care professional organizations on the prescribing of opioids or other controlled substances as determined by the Advisory Committee;
|
| (2) accredited continuing education programs related
| | to prescribing of controlled substances;
|
| (3) programs or information developed by health care
| | professionals that may be used to assess patients or help ensure compliance with prescriptions;
|
| (4) updates from the Food and Drug Administration,
| | the Centers for Disease Control and Prevention, and other public and private organizations which are relevant to prescribing;
|
| (5) relevant medical studies related to prescribing;
(6) other information regarding the prescription of
| | controlled substances; and
|
| (7) information regarding prescription drug disposal
| | events, including take-back programs or other disposal options or events.
|
| The content of the Internet website shall be periodically reviewed by the Prescription Monitoring Program Advisory Committee as set forth in Section 320 and updated in accordance with the recommendation of the advisory committee.
(s) The Prescription Monitoring Program shall regularly send electronic updates to the registered users of the Program. The Prescription Monitoring Program Advisory Committee shall review any communications sent to registered users and also make recommendations for communications as set forth in Section 320. These updates shall include the following information:
(1) opportunities for accredited continuing education
| | programs related to prescribing of controlled substances;
|
| (2) current clinical guidelines developed by health
| | care professional organizations on the prescribing of opioids or other drugs as determined by the Advisory Committee;
|
| (3) programs or information developed by health care
| | professionals that may be used to assess patients or help ensure compliance with prescriptions;
|
| (4) updates from the Food and Drug Administration,
| | the Centers for Disease Control and Prevention, and other public and private organizations which are relevant to prescribing;
|
| (5) relevant medical studies related to prescribing;
(6) other information regarding prescribing of
| | (7) information regarding prescription drug disposal
| | events, including take-back programs or other disposal options or events; and
|
| (8) reminders that the Prescription Monitoring
| | Program is a useful clinical tool.
|
| (t) Notwithstanding any other provision of this Act, neither the Prescription Monitoring Program nor any other person shall disclose any information in violation of the restrictions and requirements of paragraph (3.5) of subsection (a) of Section 316 as implemented under Public Act 102-527.
(Source: P.A. 102-751, eff. 1-1-23; 103-881, eff. 1-1-25.)
|
720 ILCS 570/319
(720 ILCS 570/319)
Sec. 319. Rules. The Department shall adopt rules under the Illinois
Administrative
Procedure Act to
implement Sections 316 through 321, including the following:
(1) Information collection and retrieval procedures | | for the central repository, including the controlled substances to be included in the program required under Section 316 and Section 321 (now repealed).
|
|
(2) Design for the creation of the database required
| |
(3) Requirements for the development and installation
| | of on-line electronic access by the Department to information collected by the central repository.
|
|
(Source: P.A. 99-480, eff. 9-9-15.)
|
720 ILCS 570/320 (720 ILCS 570/320) (Text of Section before amendment by P.A. 103-881) Sec. 320. Advisory committee. (a) There is created a Prescription Monitoring Program Advisory Committee to
assist the Department of Human Services in implementing the Prescription Monitoring Program created by this Article and to advise the Department on the professional performance of prescribers and dispensers and other matters germane to the advisory committee's field of competence. (b) The Prescription Monitoring Program Advisory Committee shall consist of 15 members appointed by the Clinical Director of the Prescription Monitoring Program composed of prescribers and dispensers licensed to practice medicine in his or her respective profession as follows: one family or primary care physician; one pain specialist physician; 4 other physicians, one of whom may be an ophthalmologist; 2 advanced practice registered nurses; one physician assistant; one optometrist; one dentist; one clinical representative from a statewide organization representing hospitals; and 3 pharmacists. The Advisory Committee members serving on August 26, 2018 (the effective date of Public Act 100-1093) shall continue to serve until January 1, 2019. Prescriber and dispenser nominations for membership on the Committee shall be submitted by their respective professional associations. If there are more nominees than membership positions for a prescriber or dispenser category, as provided in this subsection (b), the Clinical Director of the Prescription Monitoring Program shall appoint a member or members for each profession as provided in this subsection (b), from the nominations to
serve on the advisory committee. At the first meeting of the Committee in 2019 members shall draw lots for initial terms and 6 members shall serve 3 years, 5 members shall serve 2 years, and 5 members shall serve one year. Thereafter, members shall serve 3-year terms. Members may serve more than one term but no more than 3 terms. The Clinical Director of the Prescription Monitoring Program may appoint a representative of an organization representing a profession required to be appointed. The Clinical Director of the Prescription Monitoring Program shall serve as the Secretary of the committee. (c) The advisory committee may appoint a chairperson and other officers as it deems
appropriate. (d) The members of the advisory committee shall receive no compensation for
their services as members of the advisory committee, unless appropriated by the General Assembly, but may be reimbursed for
their actual expenses incurred in serving on the advisory committee. (e) The advisory committee shall: (1) provide a uniform approach to reviewing this Act | | in order to determine whether changes should be recommended to the General Assembly;
|
| (2) review current drug schedules in order to manage
| | changes to the administrative rules pertaining to the utilization of this Act;
|
| (3) review the following: current clinical
| | guidelines developed by health care professional organizations on the prescribing of opioids or other controlled substances; accredited continuing education programs related to prescribing and dispensing; programs or information developed by health care professional organizations that may be used to assess patients or help ensure compliance with prescriptions; updates from the Food and Drug Administration, the Centers for Disease Control and Prevention, and other public and private organizations which are relevant to prescribing and dispensing; relevant medical studies; and other publications which involve the prescription of controlled substances;
|
| (4) make recommendations for inclusion of these
| | materials or other studies which may be effective resources for prescribers and dispensers on the Internet website of the inquiry system established under Section 318;
|
| (5) semi-annually review the content of the Internet
| | website of the inquiry system established pursuant to Section 318 to ensure this Internet website has the most current available information;
|
| (6) semi-annually review opportunities for federal
| | grants and other forms of funding to support projects which will increase the number of pilot programs which integrate the inquiry system with electronic health records; and
|
| (7) semi-annually review communication to be sent to
| | all registered users of the inquiry system established pursuant to Section 318, including recommendations for relevant accredited continuing education and information regarding prescribing and dispensing.
|
| (f) The Advisory Committee shall select from its members 10 members of the Peer Review Committee composed of:
(1) 3 physicians;
(2) 3 pharmacists;
(3) one dentist;
(4) one advanced practice registered nurse;
(4.5) (blank);
(5) one physician assistant; and
(6) one optometrist.
The purpose of the Peer Review Committee is to establish a formal peer review of professional performance of prescribers and dispensers. The deliberations, information, and communications of the Peer Review Committee are privileged and confidential and shall not be disclosed in any manner except in accordance with current law.
(1) The Peer Review Committee shall periodically
| | review the data contained within the prescription monitoring program to identify those prescribers or dispensers who may be prescribing or dispensing outside the currently accepted standard and practice of their profession. The Peer Review Committee member, whose profession is the same as the prescriber or dispenser being reviewed, shall prepare a preliminary report and recommendation for any non-action or action. The Prescription Monitoring Program Clinical Director and staff shall provide the necessary assistance and data as required.
|
| (2) The Peer Review Committee may identify
| | prescribers or dispensers who may be prescribing outside the currently accepted medical standards in the course of their professional practice and send the identified prescriber or dispenser a request for information regarding their prescribing or dispensing practices. This request for information shall be sent via certified mail, return receipt requested. A prescriber or dispenser shall have 30 days to respond to the request for information.
|
| (3) The Peer Review Committee shall refer a
| | prescriber or a dispenser to the Department of Financial and Professional Regulation in the following situations:
|
| (i) if a prescriber or dispenser does not respond
| | to three successive requests for information;
|
| (ii) in the opinion of a majority of members of
| | the Peer Review Committee, the prescriber or dispenser does not have a satisfactory explanation for the practices identified by the Peer Review Committee in its request for information; or
|
| (iii) following communications with the Peer
| | Review Committee, the prescriber or dispenser does not sufficiently rectify the practices identified in the request for information in the opinion of a majority of the members of the Peer Review Committee.
|
| (4) The Department of Financial and Professional
| | Regulation may initiate an investigation and discipline in accordance with current laws and rules for any prescriber or dispenser referred by the Peer Review Committee.
|
| (5) The Peer Review Committee shall prepare an annual
| | report starting on July 1, 2017. This report shall contain the following information: the number of times the Peer Review Committee was convened; the number of prescribers or dispensers who were reviewed by the Peer Review Committee; the number of requests for information sent out by the Peer Review Committee; and the number of prescribers or dispensers referred to the Department of Financial and Professional Regulation. The annual report shall be delivered electronically to the Department and to the General Assembly. The report to the General Assembly shall be filed with the Clerk of the House of Representatives and the Secretary of the Senate in electronic form only, in the manner that the Clerk and the Secretary shall direct. The report prepared by the Peer Review Committee shall not identify any prescriber, dispenser, or patient.
|
| (Source: P.A. 100-513, eff. 1-1-18; 100-861, eff. 8-14-18; 100-1093, eff. 8-26-18;101-81, eff. 7-12-19; 101-414, eff. 8-16-19.)
(Text of Section after amendment by P.A. 103-881)
Sec. 320. Advisory committee.
(a) There is created a Prescription Monitoring Program Advisory Committee to assist the Department of Human Services and Department of Public Health in implementing the Prescription Monitoring Program created by this Article and to advise the Department on the professional performance of prescribers and dispensers and other matters germane to the advisory committee's field of competence.
(b) The Prescription Monitoring Program Advisory Committee shall consist of 15 members appointed by the Clinical Director of the Prescription Monitoring Program composed of prescribers and dispensers licensed to practice medicine in his or her respective profession as follows: one family or primary care physician; one pain specialist physician; 4 other physicians, one of whom may be an ophthalmologist; 2 advanced practice registered nurses; one physician assistant; one optometrist; one dentist; one clinical representative from a statewide organization representing hospitals; and 3 pharmacists. The Advisory Committee members serving on August 26, 2018 (the effective date of Public Act 100-1093) shall continue to serve until January 1, 2019. Prescriber and dispenser nominations for membership on the Committee shall be submitted by their respective professional associations. If there are more nominees than membership positions for a prescriber or dispenser category, as provided in this subsection (b), the Clinical Director of the Prescription Monitoring Program shall appoint a member or members for each profession as provided in this subsection (b), from the nominations to serve on the advisory committee. At the first meeting of the Committee in 2019 members shall draw lots for initial terms and 6 members shall serve 3 years, 5 members shall serve 2 years, and 5 members shall serve one year. Thereafter, members shall serve 3-year terms. Members may serve more than one term but no more than 3 terms. The Clinical Director of the Prescription Monitoring Program may appoint a representative of an organization representing a profession required to be appointed. The Clinical Director of the Prescription Monitoring Program shall serve as the Secretary of the committee.
(c) The advisory committee may appoint a chairperson and other officers as it deems appropriate.
(d) The members of the advisory committee shall receive no compensation for their services as members of the advisory committee, unless appropriated by the General Assembly, but may be reimbursed for their actual expenses incurred in serving on the advisory committee.
(e) The advisory committee shall:
(1) provide a uniform approach to reviewing this Act
| | in order to determine whether changes should be recommended to the General Assembly;
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| (2) review current drug schedules in order to manage
| | changes to the administrative rules pertaining to the utilization of this Act;
|
| (3) review the following: current clinical guidelines
| | developed by health care professional organizations on the prescribing of opioids or other controlled substances; accredited continuing education programs related to prescribing and dispensing; programs or information developed by health care professional organizations that may be used to assess patients or help ensure compliance with prescriptions; updates from the Food and Drug Administration, the Centers for Disease Control and Prevention, and other public and private organizations which are relevant to prescribing and dispensing; relevant medical studies; and other publications which involve the prescription of controlled substances;
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| (4) make recommendations for inclusion of these
| | materials or other studies which may be effective resources for prescribers and dispensers on the Internet website of the inquiry system established under Section 318;
|
| (5) semi-annually review the content of the Internet
| | website of the inquiry system established pursuant to Section 318 to ensure this Internet website has the most current available information;
|
| (6) semi-annually review opportunities for federal
| | grants and other forms of funding to support projects which will increase the number of pilot programs which integrate the inquiry system with electronic health records; and
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| (7) semi-annually review communication to be sent to
| | all registered users of the inquiry system established pursuant to Section 318, including recommendations for relevant accredited continuing education and information regarding prescribing and dispensing.
|
| (f) The Advisory Committee shall select from its members 10 members of the Peer Review Committee composed of:
(1) 3 physicians;
(2) 3 pharmacists;
(3) one dentist;
(4) one advanced practice registered nurse;
(4.5) (blank);
(5) one physician assistant; and
(6) one optometrist.
The purpose of the Peer Review Committee is to establish a formal peer review of professional performance of prescribers and dispensers. The deliberations, information, and communications of the Peer Review Committee are privileged and confidential and shall not be disclosed in any manner except in accordance with current law.
(1) The Peer Review Committee shall periodically
| | review the data contained within the prescription monitoring program to identify those prescribers or dispensers who may be prescribing or dispensing outside the currently accepted standard and practice of their profession. The Peer Review Committee member, whose profession is the same as the prescriber or dispenser being reviewed, shall prepare a preliminary report and recommendation for any non-action or action. The Prescription Monitoring Program Clinical Director and staff shall provide the necessary assistance and data as required.
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| (2) The Peer Review Committee may identify
| | prescribers or dispensers who may be prescribing outside the currently accepted medical standards in the course of their professional practice and send the identified prescriber or dispenser a request for information regarding their prescribing or dispensing practices. This request for information shall be sent via certified mail, return receipt requested. A prescriber or dispenser shall have 30 days to respond to the request for information.
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| (3) The Peer Review Committee shall refer a
| | prescriber or a dispenser to the Department of Financial and Professional Regulation in the following situations:
|
| (i) if a prescriber or dispenser does not respond
| | to three successive requests for information;
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| (ii) in the opinion of a majority of members of
| | the Peer Review Committee, the prescriber or dispenser does not have a satisfactory explanation for the practices identified by the Peer Review Committee in its request for information; or
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| (iii) following communications with the Peer
| | Review Committee, the prescriber or dispenser does not sufficiently rectify the practices identified in the request for information in the opinion of a majority of the members of the Peer Review Committee.
|
| (4) The Department of Financial and Professional
| | Regulation may initiate an investigation and discipline in accordance with current laws and rules for any prescriber or dispenser referred by the Peer Review Committee.
|
| (5) The Peer Review Committee shall prepare an annual
| | report starting on July 1, 2017. This report shall contain the following information: the number of times the Peer Review Committee was convened; the number of prescribers or dispensers who were reviewed by the Peer Review Committee; the number of requests for information sent out by the Peer Review Committee; and the number of prescribers or dispensers referred to the Department of Financial and Professional Regulation. The annual report shall be delivered electronically to the Department and to the General Assembly. The report to the General Assembly shall be filed with the Clerk of the House of Representatives and the Secretary of the Senate in electronic form only, in the manner that the Clerk and the Secretary shall direct. The report prepared by the Peer Review Committee shall not identify any prescriber, dispenser, or patient.
|
| (Source: P.A. 103-881, eff. 1-1-25.)
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720 ILCS 570/321
(720 ILCS 570/321)
Sec. 321. (Repealed).
(Source: P.A. 95-442, eff. 1-1-08. Repealed by P.A. 97-334, eff. 1-1-12.)
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720 ILCS 570/Art. IV
(720 ILCS 570/Art. IV heading)
ARTICLE IV
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720 ILCS 570/401
(720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
Sec. 401. Manufacture or delivery, or possession with intent to
manufacture or deliver, a controlled substance, a counterfeit substance, or controlled substance analog. Except as authorized by this Act, it is unlawful for any
person knowingly to manufacture or deliver, or possess with intent to
manufacture or deliver, a controlled substance other than methamphetamine and other than bath salts as defined in the Bath Salts Prohibition Act sold or offered for sale in a retail mercantile establishment as defined in Section 16-0.1 of the Criminal Code of 2012, a counterfeit substance, or a controlled
substance analog. A violation of this Act with respect to each of the controlled
substances listed herein constitutes a single and separate violation of this
Act. For purposes of this Section, "controlled substance analog" or "analog"
means a substance, other than a controlled substance, which is not approved by the United States Food and Drug Administration or, if approved, is not dispensed or possessed in accordance with State or federal law, and that has a chemical structure substantially similar to that of a controlled
substance in Schedule I or II, or that was specifically designed to produce
an effect substantially similar to that of a controlled substance in Schedule
I or II. Examples of chemical classes in which controlled substance analogs
are found include, but are not limited to, the following: phenethylamines,
N-substituted piperidines, morphinans, ecgonines, quinazolinones, substituted
indoles, and arylcycloalkylamines. For purposes of this Act, a controlled
substance analog shall be treated in the same manner as the controlled
substance to which it is substantially similar.
(a) Any person who violates this Section with respect to the following
amounts of controlled or counterfeit substances or controlled substance
analogs, notwithstanding any of the provisions of subsections (c),
(d), (e), (f), (g) or (h) to the contrary, is guilty of a Class X felony
and shall be sentenced to a term of imprisonment as provided in this subsection
(a) and fined as provided in subsection (b):
(1)(A) not less than 6 years and not more than 30 | | years with respect to 15 grams or more but less than 100 grams of a substance containing heroin, or an analog thereof;
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(B) not less than 9 years and not more than 40 years
| | with respect to 100 grams or more but less than 400 grams of a substance containing heroin, or an analog thereof;
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(C) not less than 12 years and not more than 50 years
| | with respect to 400 grams or more but less than 900 grams of a substance containing heroin, or an analog thereof;
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(D) not less than 15 years and not more than 60 years
| | with respect to 900 grams or more of any substance containing heroin, or an analog thereof;
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(1.5)(A) not less than 6 years and not more than 30
| | years with respect to 15 grams or more but less than 100 grams of a substance containing fentanyl, or an analog thereof;
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| (B) not less than 9 years and not more than 40 years
| | with respect to 100 grams or more but less than 400 grams of a substance containing fentanyl, or an analog thereof;
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| (C) not less than 12 years and not more than 50 years
| | with respect to 400 grams or more but less than 900 grams of a substance containing fentanyl, or an analog thereof;
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| (D) not less than 15 years and not more than 60 years
| | with respect to 900 grams or more of a substance containing fentanyl, or an analog thereof;
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| (2)(A) not less than 6 years and not more than 30
| | years with respect to 15 grams or more but less than 100 grams of a substance containing cocaine, or an analog thereof;
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(B) not less than 9 years and not more than 40 years
| | with respect to 100 grams or more but less than 400 grams of a substance containing cocaine, or an analog thereof;
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(C) not less than 12 years and not more than 50 years
| | with respect to 400 grams or more but less than 900 grams of a substance containing cocaine, or an analog thereof;
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(D) not less than 15 years and not more than 60 years
| | with respect to 900 grams or more of any substance containing cocaine, or an analog thereof;
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(3)(A) not less than 6 years and not more than 30
| | years with respect to 15 grams or more but less than 100 grams of a substance containing morphine, or an analog thereof;
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(B) not less than 9 years and not more than 40 years
| | with respect to 100 grams or more but less than 400 grams of a substance containing morphine, or an analog thereof;
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(C) not less than 12 years and not more than 50 years
| | with respect to 400 grams or more but less than 900 grams of a substance containing morphine, or an analog thereof;
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(D) not less than 15 years and not more than 60 years
| | with respect to 900 grams or more of a substance containing morphine, or an analog thereof;
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(4) 200 grams or more of any substance containing
| | peyote, or an analog thereof;
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(5) 200 grams or more of any substance containing a
| | derivative of barbituric acid or any of the salts of a derivative of barbituric acid, or an analog thereof;
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(6) 200 grams or more of any substance containing
| | amphetamine or any salt of an optical isomer of amphetamine, or an analog thereof;
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(6.5) (blank);
(6.6) (blank);
(7)(A) not less than 6 years and not more than 30
| | years with respect to: (i) 15 grams or more but less than 100 grams of a substance containing lysergic acid diethylamide (LSD), or an analog thereof, or (ii) 15 or more objects or 15 or more segregated parts of an object or objects but less than 200 objects or 200 segregated parts of an object or objects containing in them or having upon them any amounts of any substance containing lysergic acid diethylamide (LSD), or an analog thereof;
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(B) not less than 9 years and not more than 40 years
| | with respect to: (i) 100 grams or more but less than 400 grams of a substance containing lysergic acid diethylamide (LSD), or an analog thereof, or (ii) 200 or more objects or 200 or more segregated parts of an object or objects but less than 600 objects or less than 600 segregated parts of an object or objects containing in them or having upon them any amount of any substance containing lysergic acid diethylamide (LSD), or an analog thereof;
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(C) not less than 12 years and not more than 50 years
| | with respect to: (i) 400 grams or more but less than 900 grams of a substance containing lysergic acid diethylamide (LSD), or an analog thereof, or (ii) 600 or more objects or 600 or more segregated parts of an object or objects but less than 1500 objects or 1500 segregated parts of an object or objects containing in them or having upon them any amount of any substance containing lysergic acid diethylamide (LSD), or an analog thereof;
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(D) not less than 15 years and not more than 60 years
| | with respect to: (i) 900 grams or more of any substance containing lysergic acid diethylamide (LSD), or an analog thereof, or (ii) 1500 or more objects or 1500 or more segregated parts of an object or objects containing in them or having upon them any amount of a substance containing lysergic acid diethylamide (LSD), or an analog thereof;
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(7.5)(A) not less than 6 years and not more than 30 years
| | with respect to: (i) 15 grams or more but less than 100 grams of a substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof, or (ii) 15 or more pills, tablets, caplets, capsules, or objects but less than 200 pills, tablets, caplets, capsules, or objects containing in them or having upon them any amounts of any substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof;
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(B) not less than 9 years and not more than 40 years
| | with respect to: (i) 100 grams or more but less than 400 grams of a substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof, or (ii) 200 or more pills, tablets, caplets, capsules, or objects but less than 600 pills, tablets, caplets, capsules, or objects containing in them or having upon them any amount of any substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof;
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(C) not less than 12 years and not more than 50 years
| | with respect to: (i) 400 grams or more but less than 900 grams of a substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof, or (ii) 600 or more pills, tablets, caplets, capsules, or objects but less than 1,500 pills, tablets, caplets, capsules, or objects containing in them or having upon them any amount of any substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof;
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(D) not less than 15 years and not more than 60 years
| | with respect to: (i) 900 grams or more of any substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof, or (ii) 1,500 or more pills, tablets, caplets, capsules, or objects containing in them or having upon them any amount of a substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof;
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(8) 30 grams or more of any substance containing
| | pentazocine or any of the salts, isomers and salts of isomers of pentazocine, or an analog thereof;
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(9) 30 grams or more of any substance containing
| | methaqualone or any of the salts, isomers and salts of isomers of methaqualone, or an analog thereof;
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(10) 30 grams or more of any substance containing
| | phencyclidine or any of the salts, isomers and salts of isomers of phencyclidine (PCP), or an analog thereof;
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(10.5) 30 grams or more of any substance containing
| | ketamine or any of the salts, isomers and salts of isomers of ketamine, or an analog thereof;
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(10.6) 100 grams or more of any substance containing
| | hydrocodone, or any of the salts, isomers and salts of isomers of hydrocodone, or an analog thereof;
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| (10.7) (blank);
(10.8) 100 grams or more of any substance containing
| | dihydrocodeine, or any of the salts, isomers and salts of isomers of dihydrocodeine, or an analog thereof;
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| (10.9) 100 grams or more of any substance containing
| | oxycodone, or any of the salts, isomers and salts of isomers of oxycodone, or an analog thereof;
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| (11) 200 grams or more of any substance containing
| | any other controlled substance classified in Schedules I or II, or an analog thereof, which is not otherwise included in this subsection.
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(b) Any person sentenced with respect to violations of paragraph (1),
(2), (3), (7), or (7.5) of subsection (a) involving
100 grams or
more of the
controlled substance named therein, may in addition to the penalties
provided therein, be fined an amount not more than $500,000 or the full
street value of the controlled or counterfeit substance or controlled substance
analog, whichever is greater. The term "street value" shall have the
meaning ascribed in Section 110-5 of the Code of Criminal Procedure of
1963. Any person sentenced with respect to any other provision of
subsection (a), may in addition to the penalties provided therein, be fined
an amount not to exceed $500,000.
(b-1) Excluding violations of this Act when the controlled substance is fentanyl, any person sentenced to a term of imprisonment with respect to violations of Section 401, 401.1, 405, 405.1, 405.2, or 407, when the substance containing the controlled substance contains any amount of fentanyl, 3 years shall be added to the term of imprisonment imposed by the court, and the maximum sentence for the offense shall be increased by 3 years.
(c) Any person who violates this Section with regard to the
following amounts of controlled or counterfeit substances
or controlled substance analogs, notwithstanding any of the provisions of
subsections (a), (b), (d), (e), (f), (g) or (h) to the
contrary, is guilty of a Class 1 felony. The fine for violation of this
subsection (c) shall not be more than $250,000:
(1) 1 gram or more but less than 15 grams of any
| | substance containing heroin, or an analog thereof;
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(1.5) 1 gram or more but less than 15 grams of any
| | substance containing fentanyl, or an analog thereof;
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| (2) 1 gram or more but less than 15 grams of any
| | substance containing cocaine, or an analog thereof;
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(3) 10 grams or more but less than 15 grams of any
| | substance containing morphine, or an analog thereof;
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(4) 50 grams or more but less than 200 grams of any
| | substance containing peyote, or an analog thereof;
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(5) 50 grams or more but less than 200 grams of any
| | substance containing a derivative of barbituric acid or any of the salts of a derivative of barbituric acid, or an analog thereof;
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(6) 50 grams or more but less than 200 grams of any
| | substance containing amphetamine or any salt of an optical isomer of amphetamine, or an analog thereof;
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(6.5) (blank);
(7)(i) 5 grams or more but less than 15 grams of any
| | substance containing lysergic acid diethylamide (LSD), or an analog thereof, or (ii) more than 10 objects or more than 10 segregated parts of an object or objects but less than 15 objects or less than 15 segregated parts of an object containing in them or having upon them any amount of any substance containing lysergic acid diethylamide (LSD), or an analog thereof;
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(7.5)(i) 5 grams or more but less than 15 grams of
| | any substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof, or (ii) more than 10 pills, tablets, caplets, capsules, or objects but less than 15 pills, tablets, caplets, capsules, or objects containing in them or having upon them any amount of any substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof;
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(8) 10 grams or more but less than 30 grams of any
| | substance containing pentazocine or any of the salts, isomers and salts of isomers of pentazocine, or an analog thereof;
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(9) 10 grams or more but less than 30 grams of any
| | substance containing methaqualone or any of the salts, isomers and salts of isomers of methaqualone, or an analog thereof;
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(10) 10 grams or more but less than 30 grams of any
| | substance containing phencyclidine or any of the salts, isomers and salts of isomers of phencyclidine (PCP), or an analog thereof;
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(10.5) 10 grams or more but less than 30 grams of any
| | substance containing ketamine or any of the salts, isomers and salts of isomers of ketamine, or an analog thereof;
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(10.6) 50 grams or more but less than 100 grams of
| | any substance containing hydrocodone, or any of the salts, isomers and salts of isomers of hydrocodone, or an analog thereof;
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| (10.7) (blank);
(10.8) 50 grams or more but less than 100 grams of
| | any substance containing dihydrocodeine, or any of the salts, isomers and salts of isomers of dihydrocodeine, or an analog thereof;
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| (10.9) 50 grams or more but less than 100 grams of
| | any substance containing oxycodone, or any of the salts, isomers and salts of isomers of oxycodone, or an analog thereof;
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| (11) 50 grams or more but less than 200 grams of any
| | substance containing a substance classified in Schedules I or II, or an analog thereof, which is not otherwise included in this subsection.
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(c-5) (Blank).
(d) Any person who violates this Section with regard to any other
amount of a controlled or counterfeit substance containing dihydrocodeine or classified in
Schedules I or II, or an analog thereof, which is (i) a narcotic
drug, (ii) lysergic acid diethylamide (LSD) or an analog thereof,
(iii) any
substance containing amphetamine or fentanyl or any salt or optical
isomer of amphetamine or fentanyl, or an analog thereof, or (iv) any
substance containing N-Benzylpiperazine (BZP) or any salt or optical
isomer of N-Benzylpiperazine (BZP), or an analog thereof, is guilty
of a Class 2 felony. The fine for violation of this subsection (d) shall
not be more than $200,000.
(d-5) (Blank).
(e) Any person who violates this Section with regard to any other
amount of a controlled substance other than methamphetamine or counterfeit substance classified in
Schedule I or II, or an analog thereof, which substance is not
included under subsection (d) of this Section, is
guilty of a Class 3 felony. The fine for violation of this subsection (e)
shall not be more than $150,000.
(f) Any person who violates this Section with regard to any other
amount of a controlled or counterfeit substance classified in
Schedule III is guilty of a Class 3 felony. The fine for violation of
this subsection (f) shall not be more than $125,000.
(g) Any person who violates this Section with regard to any other
amount of a controlled or counterfeit substance classified
in Schedule IV is guilty of a Class 3 felony. The fine for violation of
this subsection (g) shall not be more than $100,000.
(h) Any person who violates this Section with regard to any other
amount of a controlled or counterfeit substance classified in
Schedule V is guilty of a Class 3 felony. The fine for violation of this
subsection (h) shall not be more than $75,000.
(i) This Section does not apply to the manufacture, possession or
distribution of a substance in conformance with the provisions of an approved
new drug application or an exemption for investigational use within the
meaning of Section 505 of the Federal Food, Drug and Cosmetic Act.
(j) (Blank).
(Source: P.A. 99-371, eff. 1-1-16; 99-585, eff. 1-1-17; 100-368, eff. 1-1-18.)
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720 ILCS 570/401.1
(720 ILCS 570/401.1) (from Ch. 56 1/2, par. 1401.1)
Sec. 401.1. Controlled Substance Trafficking.
(a) Except for
purposes as authorized by this Act, any person who knowingly brings or
causes to be brought into this State for the purpose of manufacture or
delivery or with the intent to manufacture or deliver a controlled substance other than methamphetamine or
counterfeit substance in this or any other state or country is guilty
of controlled substance trafficking.
(b) A person convicted of controlled substance trafficking shall be
sentenced to a term of imprisonment not less than twice the minimum term
and fined an amount as authorized by Section 401 of this Act, based upon
the amount of controlled or counterfeit substance brought or caused to be
brought into this State, and not more than twice the maximum term of
imprisonment and fined twice the amount as authorized by Section 401 of
this Act, based upon the amount of controlled or counterfeit substance
brought or caused to be brought into this State.
(c) It shall be a Class 2 felony for which a fine not to exceed
$100,000 may be imposed for any person to knowingly use a cellular radio
telecommunication device in the furtherance of controlled substance
trafficking. This penalty shall be in addition to any other penalties
imposed by law.
(Source: P.A. 94-556, eff. 9-11-05.)
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720 ILCS 570/401.5
(720 ILCS 570/401.5)
Sec. 401.5. Chemical breakdown of illicit controlled substance.
(a) It is unlawful for any person to manufacture a controlled substance
other than methamphetamine prohibited by this Act by chemically deriving the controlled substance from
one or more other controlled substances prohibited by this Act.
(a-5) It is unlawful for any person to possess any substance with the
intent to
use the substance to facilitate the manufacture of any controlled substance other than methamphetamine, any
counterfeit
substance, or any
controlled substance analog other than as authorized by this
Act.
(b) A violation of this Section is a Class 4 felony.
(c) (Blank).
(Source: P.A. 94-556, eff. 9-11-05.)
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720 ILCS 570/402
(720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
Sec. 402. Except as otherwise authorized by this Act, it is unlawful for
any person knowingly to possess a controlled or counterfeit substance or controlled substance analog.
A violation of this Act with respect to each of the controlled substances
listed herein constitutes a single and separate violation of this Act. For purposes of this Section, "controlled substance analog" or "analog"
means a substance, other than a controlled substance, which is not approved by the United States Food and Drug Administration or, if approved, is not dispensed or possessed in accordance with State or federal law, and that has a chemical structure substantially similar to that of a controlled
substance in Schedule I or II, or that was specifically designed to produce
an effect substantially similar to that of a controlled substance in Schedule
I or II. Examples of chemical classes in which controlled substance analogs
are found include, but are not limited to, the following: phenethylamines,
N-substituted piperidines, morphinans, ecgonines, quinazolinones, substituted
indoles, and arylcycloalkylamines. For purposes of this Act, a controlled
substance analog shall be treated in the same manner as the controlled
substance to which it is substantially similar.
(a) Any person who violates this Section with respect to the following
controlled or counterfeit substances and amounts, notwithstanding any of the
provisions of subsections (c) and (d) to the
contrary, is guilty of a Class 1 felony and shall, if sentenced to a term
of imprisonment, be sentenced as provided in this subsection (a) and fined
as provided in subsection (b):
(1) (A) not less than 4 years and not more than 15 | | years with respect to 15 grams or more but less than 100 grams of a substance containing heroin;
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(B) not less than 6 years and not more than 30
| | years with respect to 100 grams or more but less than 400 grams of a substance containing heroin;
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(C) not less than 8 years and not more than 40
| | years with respect to 400 grams or more but less than 900 grams of any substance containing heroin;
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(D) not less than 10 years and not more than 50
| | years with respect to 900 grams or more of any substance containing heroin;
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(2) (A) not less than 4 years and not more than 15
| | years with respect to 15 grams or more but less than 100 grams of any substance containing cocaine;
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(B) not less than 6 years and not more than 30
| | years with respect to 100 grams or more but less than 400 grams of any substance containing cocaine;
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(C) not less than 8 years and not more than 40
| | years with respect to 400 grams or more but less than 900 grams of any substance containing cocaine;
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(D) not less than 10 years and not more than 50
| | years with respect to 900 grams or more of any substance containing cocaine;
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(3) (A) not less than 4 years and not more than 15
| | years with respect to 15 grams or more but less than 100 grams of any substance containing morphine;
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(B) not less than 6 years and not more than 30
| | years with respect to 100 grams or more but less than 400 grams of any substance containing morphine;
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(C) not less than 6 years and not more than 40
| | years with respect to 400 grams or more but less than 900 grams of any substance containing morphine;
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(D) not less than 10 years and not more than 50
| | years with respect to 900 grams or more of any substance containing morphine;
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(4) 200 grams or more of any substance containing
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(5) 200 grams or more of any substance containing a
| | derivative of barbituric acid or any of the salts of a derivative of barbituric acid;
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(6) 200 grams or more of any substance containing
| | amphetamine or any salt of an optical isomer of amphetamine;
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(6.5) (blank);
(7) (A) not less than 4 years and not more than 15
| | years with respect to: (i) 15 grams or more but less than 100 grams of any substance containing lysergic acid diethylamide (LSD), or an analog thereof, or (ii) 15 or more objects or 15 or more segregated parts of an object or objects but less than 200 objects or 200 segregated parts of an object or objects containing in them or having upon them any amount of any substance containing lysergic acid diethylamide (LSD), or an analog thereof;
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(B) not less than 6 years and not more than 30
| | years with respect to: (i) 100 grams or more but less than 400 grams of any substance containing lysergic acid diethylamide (LSD), or an analog thereof, or (ii) 200 or more objects or 200 or more segregated parts of an object or objects but less than 600 objects or less than 600 segregated parts of an object or objects containing in them or having upon them any amount of any substance containing lysergic acid diethylamide (LSD), or an analog thereof;
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(C) not less than 8 years and not more than 40
| | years with respect to: (i) 400 grams or more but less than 900 grams of any substance containing lysergic acid diethylamide (LSD), or an analog thereof, or (ii) 600 or more objects or 600 or more segregated parts of an object or objects but less than 1500 objects or 1500 segregated parts of an object or objects containing in them or having upon them any amount of any substance containing lysergic acid diethylamide (LSD), or an analog thereof;
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(D) not less than 10 years and not more than 50
| | years with respect to: (i) 900 grams or more of any substance containing lysergic acid diethylamide (LSD), or an analog thereof, or (ii) 1500 or more objects or 1500 or more segregated parts of an object or objects containing in them or having upon them any amount of a substance containing lysergic acid diethylamide (LSD), or an analog thereof;
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(7.5) (A) not less than 4 years and not more than 15
| | years with respect to: (i) 15 grams or more but less than 100 grams of any substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof, or (ii) 15 or more pills, tablets, caplets, capsules, or objects but less than 200 pills, tablets, caplets, capsules, or objects containing in them or having upon them any amount of any substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof;
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(B) not less than 6 years and not more than 30
| | years with respect to: (i) 100 grams or more but less than 400 grams of any substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof, or (ii) 200 or more pills, tablets, caplets, capsules, or objects but less than 600 pills, tablets, caplets, capsules, or objects containing in them or having upon them any amount of any substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof;
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(C) not less than 8 years and not more than 40
| | years with respect to: (i) 400 grams or more but less than 900 grams of any substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof, or (ii) 600 or more pills, tablets, caplets, capsules, or objects but less than 1,500 pills, tablets, caplets, capsules, or objects containing in them or having upon them any amount of any substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof;
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(D) not less than 10 years and not more than 50
| | years with respect to: (i) 900 grams or more of any substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof, or (ii) 1,500 or more pills, tablets, caplets, capsules, or objects containing in them or having upon them any amount of a substance listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof;
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(8) 30 grams or more of any substance containing
| | pentazocine or any of the salts, isomers and salts of isomers of pentazocine, or an analog thereof;
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(9) 30 grams or more of any substance containing
| | methaqualone or any of the salts, isomers and salts of isomers of methaqualone;
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(10) 30 grams or more of any substance containing
| | phencyclidine or any of the salts, isomers and salts of isomers of phencyclidine (PCP);
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(10.5) 30 grams or more of any substance containing
| | ketamine or any of the salts, isomers and salts of isomers of ketamine;
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(11) 200 grams or more of any substance containing
| | any substance classified as a narcotic drug in Schedules I or II, or an analog thereof, which is not otherwise included in this subsection.
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(b) Any person sentenced with respect to violations of paragraph (1),
(2), (3), (7), or (7.5) of subsection (a) involving 100
grams or more of the
controlled substance named therein, may in addition to the penalties
provided therein, be fined an amount not to exceed $200,000 or the full
street value of the controlled or counterfeit substances, whichever is
greater. The term "street value" shall have the meaning
ascribed in Section 110-5 of the Code of Criminal Procedure of 1963. Any
person sentenced with respect to any other provision of subsection (a), may
in addition to the penalties provided therein, be fined an amount not to
exceed $200,000.
(c) Any person who violates this Section with regard to an amount
of a controlled substance other than methamphetamine or counterfeit substance not set forth in
subsection (a) or (d) is guilty of a Class 4 felony. The fine for a
violation punishable under this subsection (c) shall not be more
than $25,000.
(d) Any person who violates this Section with regard to any amount of
anabolic steroid is guilty of a Class C misdemeanor
for the first offense and a Class B misdemeanor for a subsequent offense
committed within 2 years of a prior conviction.
(Source: P.A. 99-371, eff. 1-1-16; 100-368, eff. 1-1-18.)
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720 ILCS 570/404
(720 ILCS 570/404) (from Ch. 56 1/2, par. 1404)
Sec. 404.
(a) For the purposes of this Section:
(1) "Advertise" means the attempt, by publication, | | dissemination, solicitation or circulation, to induce directly or indirectly any person to acquire, or enter into an obligation to acquire, any substance within the scope of this Section.
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(2) "Distribute" has the meaning ascribed to it in
| | subsection (s) of Section 102 of this Act but as relates to look-alike substances.
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(3) "Manufacture" means the producing, preparing,
| | compounding, processing, encapsulating, packaging, repackaging, labeling or relabeling of a look-alike substance.
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(b) It is unlawful for any person knowingly to manufacture, distribute,
advertise, or possess with intent to manufacture or distribute a look-alike
substance. Any person who violates this subsection (b) shall be guilty of
a Class 3 felony, the fine for which shall not exceed $150,000.
(c) It is unlawful for any person knowingly to possess a look-alike substance.
Any person who violates this subsection (c) is guilty of a petty offense.
Any person convicted of a subsequent offense under this subsection (c) shall
be guilty of a Class C misdemeanor.
(d) In any prosecution brought under this Section, it is not a defense
to a violation of this Section that the defendant believed the look-alike
substance actually to be a controlled substance.
(e) Nothing in this Section applies to:
(1) The manufacture, processing, packaging,
| | distribution or sale of noncontrolled substances to licensed medical practitioners for use as placebos in professional practice or research.
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(2) Persons acting in the course and legitimate scope
| | of their employment as law enforcement officers.
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(3) The retention of production samples of
| | noncontrolled substances produced prior to the effective date of this amendatory Act of 1982, where such samples are required by federal law.
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(f) Nothing in this Section or in this Act applies to the lawful manufacture,
processing, packaging, advertising or distribution of a drug or drugs by
any person registered pursuant to Section 510 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 360).
(Source: P.A. 83-1362.)
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720 ILCS 570/405
(720 ILCS 570/405) (from Ch. 56 1/2, par. 1405)
Sec. 405.
(a) Any person who engages in a calculated criminal drug
conspiracy, as defined in subsection (b), is guilty of a Class X felony.
The fine for violation of this Section shall not be more than $500,000, and
the offender shall be subject to the forfeitures prescribed in subsection
(c).
(b) For purposes of this section, a person engages in a calculated
criminal drug conspiracy when:
(1) he or she violates any of the provisions of | | subsection (a) or (c) of Section 401 or subsection (a) of Section 402; and
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(2) such violation is a part of a conspiracy
| | undertaken or carried on with two or more other persons; and
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(3) he or she obtains anything of value greater than
| | $500 from, or organizes, directs or finances such violation or conspiracy.
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(c) Any person who is convicted under this section of engaging in a
calculated criminal drug conspiracy shall forfeit to the State of
Illinois:
(1) the receipts obtained by him or her in such
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(2) any of his or her interests in, claims against,
| | receipts from, or property or rights of any kind affording a source of influence over, such conspiracy.
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(d) The circuit court may enter such injunctions, restraining
orders, directions or prohibitions, or to take such other actions,
including the acceptance of satisfactory performance bonds, in
connection with any property, claim, receipt, right or other interest
subject to forfeiture under this Section, as it deems proper.
(Source: P.A. 97-334, eff. 1-1-12.)
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720 ILCS 570/405.1
(720 ILCS 570/405.1) (from Ch. 56 1/2, par. 1405.1)
Sec. 405.1. (a) Elements of the offense. A person commits criminal
drug conspiracy when, with the intent that an offense set forth in Section
401, Section 402, or Section 407 of this Act
be committed, he or she agrees with another to the commission of that offense. No
person may be convicted of conspiracy to commit such an offense unless an
act in furtherance of such agreement is alleged and proved to have been
committed by him or her or by a co-conspirator.
(b) Co-conspirators. It shall not be a defense to conspiracy that the
person or persons with whom the accused is alleged to have conspired:
(1) Has not been prosecuted or convicted, or
(2) Has been convicted of a different offense, or
(3) Is not amenable to justice, or
(4) Has been acquitted, or
(5) Lacked the capacity to commit an offense.
(c) Sentence. A person convicted of criminal drug conspiracy may be
fined or imprisoned or both, but any term of imprisonment imposed shall be
not less than the minimum nor more than the maximum
provided for the offense which is the object of the conspiracy.
(Source: P.A. 97-334, eff. 1-1-12.)
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720 ILCS 570/405.2
(720 ILCS 570/405.2)
Sec. 405.2. Streetgang criminal drug conspiracy.
(a) Any person who
engages in a streetgang criminal drug conspiracy, as
defined in this Section, is guilty of a Class X felony for which the
offender shall be sentenced to a term of imprisonment as follows:
(1) not less than 15 years and not more than 60 years | | for a violation of subsection (a) of Section 401;
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(2) not less than 10 years and not more than 30 years
| | for a violation of subsection (c) of Section 401.
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For the purposes of this Section, a person engages in a streetgang
criminal drug conspiracy when:
(i) he or she violates any of the provisions of
| | subsection (a) or (c) of Section 401 of this Act or any provision of the Methamphetamine Control and Community Protection Act; and
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(ii) such violation is part of a conspiracy
| | undertaken or carried out with 2 or more other persons; and
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(iii) such conspiracy is in furtherance of the
| | activities of an organized gang as defined in the Illinois Streetgang Terrorism Omnibus Prevention Act; and
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(iv) he or she occupies a position of organizer, a
| | supervising person, or any other position of management with those persons identified in clause (ii) of this subsection (a).
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The fine for a violation of this Section shall not be more than
$500,000, and the offender shall be subject to the
forfeitures prescribed in subsection (b).
(b) Subject to the provisions of Section 8 of the Drug Asset Forfeiture
Procedure Act, any person who is convicted under this Section of engaging in a
streetgang criminal drug conspiracy shall forfeit to the State of
Illinois:
(1) the receipts obtained by him or her in such
| |
(2) any of his or her interests in, claims against,
| | receipts from, or property or rights of any kind affording a source of influence over, such conspiracy.
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(c) The circuit court may enter such injunctions, restraining
orders, directions or prohibitions, or may take such other actions,
including the acceptance of satisfactory performance bonds, in
connection with any property, claim, receipt, right or other interest
subject to forfeiture under this Section, as it deems proper.
(Source: P.A. 94-556, eff. 9-11-05.)
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720 ILCS 570/405.3
(720 ILCS 570/405.3)
Sec. 405.3. (Repealed).
(Source: P.A. 93-596, eff. 8-26-03. Repealed by P.A. 94-556, eff. 9-11-05.)
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720 ILCS 570/406
(720 ILCS 570/406) (from Ch. 56 1/2, par. 1406)
Sec. 406. (a) It is unlawful for any person:
(1) who is subject to Article III knowingly to | | distribute or dispense a controlled substance in violation of Sections 308 through 314.5 of this Act; or
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(2) who is a registrant, to manufacture a controlled
| | substance not authorized by his or her registration, or to distribute or dispense a controlled substance not authorized by his or her registration to another registrant or other authorized person; or
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(3) to refuse or fail to make, keep or furnish any
| | record, notification, order form, statement, invoice or information required under this Act; or
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(4) to refuse an entry into any premises for any
| | inspection authorized by this Act; or
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(5) knowingly to keep or maintain any store, shop,
| | warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place, which is resorted to by a person unlawfully possessing controlled substances, or which is used for possessing, manufacturing, dispensing or distributing controlled substances in violation of this Act.
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Any person who violates this subsection (a) is guilty of a Class A
misdemeanor for the first offense and a Class 4 felony for each subsequent
offense. The fine for each subsequent offense shall not be more than
$100,000. In addition, any practitioner who is found guilty of violating
this subsection (a) is subject to suspension and revocation of his or her
professional license, in accordance with such procedures as are provided by
law for the taking of disciplinary action with regard to the license of
said practitioner's profession.
(b) It is unlawful for any person knowingly:
(1) to distribute, as a registrant, a controlled
| | substance classified in Schedule I or II, except pursuant to an order form as required by Section 307 of this Act; or
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(2) to use, in the course of the manufacture or
| | distribution of a controlled substance, a registration number which is fictitious, revoked, suspended, or issued to another person; or
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(3) to acquire or obtain, or attempt to acquire or
| | obtain, possession of a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge; or
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(3.1) to withhold information requested from a
| | practitioner, with the intent to obtain a controlled substance that has not been prescribed, by misrepresentation, fraud, forgery, deception, subterfuge, or concealment of a material fact; or
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| (4) to furnish false or fraudulent material
| | information in, or omit any material information from, any application, report or other document required to be kept or filed under this Act, or any record required to be kept by this Act; or
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(5) to make, distribute or possess any punch, die,
| | plate, stone or other thing designed to print, imprint or reproduce the trademark, trade name or other identifying mark, imprint or device of another, or any likeness of any of the foregoing, upon any controlled substance or container or labeling thereof so as to render the drug a counterfeit substance; or
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(6) (blank); or
(7) (blank).
Any person who violates this subsection (b) is guilty of a Class 4 felony
for the first offense and a Class 3 felony for each subsequent offense.
The fine for the first offense shall be not more than $100,000. The fine
for each subsequent offense shall not be more than $200,000.
(c) A person who knowingly or intentionally violates Section 316, 317, 318,
or 319 is guilty of a Class A misdemeanor.
(Source: P.A. 99-480, eff. 9-9-15.)
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720 ILCS 570/406.1
(720 ILCS 570/406.1) (from Ch. 56 1/2, par. 1406.1)
Sec. 406.1. (a) Any person who controls
any building and who performs the following act commits the offense
of permitting unlawful use of a building:
Knowingly grants, permits or makes the building available for use for the purpose of
unlawfully manufacturing or delivering a controlled substance other than methamphetamine.
(b) Permitting unlawful use of a building is a Class 4 felony.
(Source: P.A. 94-556, eff. 9-11-05.)
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720 ILCS 570/406.2 (720 ILCS 570/406.2) Sec. 406.2. Unauthorized possession of prescription form. (a) A person commits the offense of unauthorized possession of prescription form when he or she knowingly:
(1) alters a properly issued prescription form; (2) possesses without authorization a blank | | prescription form or counterfeit prescription form; or
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| (3) possesses a prescription form not issued by a
| | (b) Knowledge shall be determined by an evaluation of all circumstances surrounding possession of a blank prescription or possession of a prescription altered or not issued by a licensed prescriber.
(c) Sentence. Any person who violates subsection (a) is guilty of a Class 4 felony for the first offense and a Class 3 felony for each subsequent offense. The fine for the first offense shall be not more than $100,000. The fine for each subsequent offense shall not be more than $200,000.
(d) For the purposes of this Section, "licensed prescriber" means a prescriber as defined in this Act or an optometrist licensed under the Illinois Optometric Practice Act of 1987.
(Source: P.A. 95-487, eff. 1-1-08.)
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720 ILCS 570/407
(720 ILCS 570/407) (from Ch. 56 1/2, par. 1407)
Sec. 407. (a)(1)(A) Any person 18 years of age or over who violates any
subsection of Section 401 or subsection (b) of Section 404 by delivering a
controlled, counterfeit or look-alike substance to a person under 18 years
of age may be sentenced to imprisonment for a term up to twice the maximum
term and fined an amount up to twice that amount otherwise authorized by
the pertinent subsection of Section 401 and Subsection (b) of Section 404.
(B) (Blank).
(2) Except as provided in paragraph (3) of this subsection, any person
who violates:
(A) subsection (c) of Section 401 by delivering or | | possessing with intent to deliver a controlled, counterfeit, or look-alike substance in or on, or within 500 feet of, a truck stop or safety rest area, is guilty of a Class 1 felony, the fine for which shall not exceed $250,000;
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(B) subsection (d) of Section 401 by delivering or
| | possessing with intent to deliver a controlled, counterfeit, or look-alike substance in or on, or within 500 feet of, a truck stop or safety rest area, is guilty of a Class 2 felony, the fine for which shall not exceed $200,000;
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(C) subsection (e) of Section 401 or subsection (b)
| | of Section 404 by delivering or possessing with intent to deliver a controlled, counterfeit, or look-alike substance in or on, or within 500 feet of, a truck stop or safety rest area, is guilty of a Class 3 felony, the fine for which shall not exceed $150,000;
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(D) subsection (f) of Section 401 by delivering or
| | possessing with intent to deliver a controlled, counterfeit, or look-alike substance in or on, or within 500 feet of, a truck stop or safety rest area, is guilty of a Class 3 felony, the fine for which shall not exceed $125,000;
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(E) subsection (g) of Section 401 by delivering or
| | possessing with intent to deliver a controlled, counterfeit, or look-alike substance in or on, or within 500 feet of, a truck stop or safety rest area, is guilty of a Class 3 felony, the fine for which shall not exceed $100,000;
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(F) subsection (h) of Section 401 by delivering or
| | possessing with intent to deliver a controlled, counterfeit, or look-alike substance in or on, or within 500 feet of, a truck stop or safety rest area, is guilty of a Class 3 felony, the fine for which shall not exceed $75,000;
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(3) Any person who violates paragraph (2) of this subsection (a) by
delivering or possessing with intent to deliver a controlled, counterfeit,
or look-alike substance in or on, or within 500 feet of a truck stop or a
safety rest area, following a prior conviction or convictions of paragraph
(2) of this subsection (a) may be sentenced to a term of imprisonment up to
2 times the maximum term and fined an amount up to 2 times the amount
otherwise authorized by Section 401.
(4) For the purposes of this subsection (a):
(A) "Safety rest area" means a roadside facility
| | removed from the roadway with parking and facilities designed for motorists' rest, comfort, and information needs; and
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(B) "Truck stop" means any facility (and its parking
| | areas) used to provide fuel or service, or both, to any commercial motor vehicle as defined in Section 18b-101 of the Illinois Vehicle Code.
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(b) Any person who violates:
(1) subsection (c) of Section 401 in any school, on
| | or within 500 feet of the real property comprising any school, or in any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, and at the time of the violation persons under the age of 18 are present, the offense is committed during school hours, or the offense is committed at times when persons under the age of 18 are reasonably expected to be present in the school, in the conveyance, or on the real property, such as when after-school activities are occurring, or in any public park or on or within 500 feet of the real property comprising any public park, on the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, or within 500 feet of the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, on the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities, or within 500 feet of the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities and at the time of the violation persons are present or reasonably expected to be present in the church, synagogue, or other building, structure, or place used primarily for religious worship during worship services, or in buildings or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities during the hours those places, buildings, or structures are open for those activities, or on the real property is guilty of a Class X felony, the fine for which shall not exceed $500,000;
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(2) subsection (d) of Section 401 in any school, on
| | or within 500 feet of the real property comprising any school, or in any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, and at the time of the violation persons under the age of 18 are present, the offense is committed during school hours, or the offense is committed at times when persons under the age of 18 are reasonably expected to be present in the school, in the conveyance, or on the real property, such as when after-school activities are occurring, or in any public park or on or within 500 feet of the real property comprising any public park, on the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, or within 500 feet of the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, on the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities, or within 500 feet of the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities and at the time of the violation persons are present or reasonably expected to be present in the church, synagogue, or other building, structure, or place used primarily for religious worship during worship services, or in buildings or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities during the hours those places, buildings, or structures are open for those activities, or on the real property is guilty of a Class 1 felony, the fine for which shall not exceed $250,000;
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(3) subsection (e) of Section 401 or Subsection (b)
| | of Section 404 in any school, on or within 500 feet of the real property comprising any school, or in any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, and at the time of the violation persons under the age of 18 are present, the offense is committed during school hours, or the offense is committed at times when persons under the age of 18 are reasonably expected to be present in the school, in the conveyance, or on the real property, such as when after-school activities are occurring, or in any public park or on or within 500 feet of the real property comprising any public park, on the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, or within 500 feet of the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, on the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities, or within 500 feet of the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities and at the time of the violation persons are present or reasonably expected to be present in the church, synagogue, or other building, structure, or place used primarily for religious worship during worship services, or in buildings or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities during the hours those places, buildings, or structures are open for those activities, or on the real property is guilty of a Class 2 felony, the fine for which shall not exceed $200,000;
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(4) subsection (f) of Section 401 in any school, on
| | or within 500 feet of the real property comprising any school, or in any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, and at the time of the violation persons under the age of 18 are present, the offense is committed during school hours, or the offense is committed at times when persons under the age of 18 are reasonably expected to be present in the school, in the conveyance, or on the real property, such as when after-school activities are occurring, or in any public park or on or within 500 feet of the real property comprising any public park, on the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, or within 500 feet of the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, on the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities, or within 500 feet of the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities and at the time of the violation persons are present or reasonably expected to be present in the church, synagogue, or other building, structure, or place used primarily for religious worship during worship services, or in buildings or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities during the hours those places, buildings, or structures are open for those activities, or on the real property is guilty of a Class 2 felony, the fine for which shall not exceed $150,000;
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(5) subsection (g) of Section 401 in any school, on
| | or within 500 feet of the real property comprising any school, or in any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, and at the time of the violation persons under the age of 18 are present, the offense is committed during school hours, or the offense is committed at times when persons under the age of 18 are reasonably expected to be present in the school, in the conveyance, or on the real property, such as when after-school activities are occurring, or in any public park or on or within 500 feet of the real property comprising any public park, on the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, or within 500 feet of the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, on the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities, or within 500 feet of the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities and at the time of the violation persons are present or reasonably expected to be present in the church, synagogue, or other building, structure, or place used primarily for religious worship during worship services, or in buildings or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities during the hours those places, buildings, or structures are open for those activities, or on the real property is guilty of a Class 2 felony, the fine for which shall not exceed $125,000;
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(6) subsection (h) of Section 401 in any school, on
| | or within 500 feet of the real property comprising any school, or in any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, and at the time of the violation persons under the age of 18 are present, the offense is committed during school hours, or the offense is committed at times when persons under the age of 18 are reasonably expected to be present in the school, in the conveyance, or on the real property, such as when after-school activities are occurring, or in any public park or on or within 500 feet of the real property comprising any public park, on the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, or within 500 feet of the real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, on the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities, or within 500 feet of the real property comprising any of the following places, buildings, or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities and at the time of the violation persons are present or reasonably expected to be present in the church, synagogue, or other building, structure, or place used primarily for religious worship during worship services, or in buildings or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities during the hours those places, buildings, or structures are open for those activities, or on the real property is guilty of a Class 2 felony, the fine for which shall not exceed $100,000.
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(c) Regarding penalties prescribed in subsection
(b) for violations committed in a school or on or within 500
feet of school property, the time of day and time of year at the time of the offense is irrelevant.
(Source: P.A. 100-3, eff. 1-1-18.)
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720 ILCS 570/407.1
(720 ILCS 570/407.1) (from Ch. 56 1/2, par. 1407.1)
Sec. 407.1.
Any person 18 years of age or over who violates any
subsection of Section 401, Section 404 or Section 405 by using, engaging or
employing a person under 18 years of age to deliver a controlled,
counterfeit or look-alike substance may be sentenced to imprisonment for a
term up to three times the maximum amount authorized by the
pertinent subsection
of Section 401, Section 404 or Section 405.
(Source: P.A. 91-297, eff. 1-1-00.)
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720 ILCS 570/407.2
(720 ILCS 570/407.2) (from Ch. 56 1/2, par. 1407.2)
Sec. 407.2.
Delivery of a controlled substance to a pregnant woman.
(a) Any person who violates subsection (a) of Section 401 of this Act by
delivering a controlled substance to a woman he knows to be pregnant may be
sentenced to imprisonment for a term twice the maximum amount authorized by
Section 401 of this Act.
(b) Any person who delivers an amount of a controlled substance set
forth in subsections (c) and (d) of Section 401 of this Act to a woman he
knows to be pregnant commits a Class 1 felony. The fine for a violation of
this subsection (b) shall not be more than $250,000.
(Source: P.A. 86-1459; 87-754.)
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720 ILCS 570/408
(720 ILCS 570/408) (from Ch. 56 1/2, par. 1408)
Sec. 408.
(a) Any person convicted of a second or subsequent offense under this
Act may be sentenced to imprisonment for a term up to twice the maximum
term otherwise authorized, fined an amount up to twice that otherwise
authorized, or both.
(b) For purposes of this Section, an offense is considered a second or
subsequent offense, if, prior to his or her conviction of the offense, the
offender has at any time been convicted under this Act or under any law of
the United States or of any State relating to controlled substances.
(Source: P.A. 97-334, eff. 1-1-12.)
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720 ILCS 570/409
(720 ILCS 570/409) (from Ch. 56 1/2, par. 1409)
Sec. 409.
Except for convictions or acquittals which are the basis for
a charge of narcotics racketeering under Section 4 of the Narcotics Profit
Forfeiture Act, a conviction or acquittal, under the laws of the United
States or of any State relating to controlled substances, for the same act
is a bar to prosecution in this State.
(Source: P.A. 87-466.)
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720 ILCS 570/410 (720 ILCS 570/410) (from Ch. 56 1/2, par. 1410) (Text of Section from P.A. 100-575) Sec. 410. (a) Whenever any person who has not previously been convicted of any felony offense under this Act or any law of the United States or of any State relating to cannabis or controlled substances, pleads guilty to or is found guilty of possession of a controlled or counterfeit substance under subsection (c) of Section 402 or of unauthorized possession of prescription form under Section 406.2, the court, without entering a judgment and with the consent of such person, may sentence him or her to probation. (b) When a person is placed on probation, the court shall enter an order specifying a period of probation of 24 months and shall defer further proceedings in the case until the conclusion of the period or until the filing of a petition alleging violation of a term or condition of probation. (c) The conditions of probation shall be that the person: (1) not violate any criminal statute of any jurisdiction; (2) refrain from possessing a firearm or other dangerous weapon; (3) submit to periodic drug testing at a time and in a manner as ordered by the court, but no less than 3 times during the period of the probation, with the cost of the testing to be paid by the probationer; and (4) perform no less than 30 hours of community service, provided community service is available in the jurisdiction and is funded and approved by the county board. The court may give credit toward the fulfillment of community service hours for participation in activities and treatment as determined by court services. (d) The court may, in addition to other conditions, require that the person: (1) make a report to and appear in person before or | | participate with the court or such courts, person, or social service agency as directed by the court in the order of probation;
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| (2) pay a fine and costs;
(3) work or pursue a course of study or vocational
| | (4) undergo medical or psychiatric treatment; or
| | treatment or rehabilitation approved by the Illinois Department of Human Services;
|
| (5) attend or reside in a facility established for
| | the instruction or residence of defendants on probation;
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| (6) support his or her dependents;
(6-5) refrain from having in his or her body the
| | presence of any illicit drug prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug;
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| (7) and in addition, if a minor:
(i) reside with his or her parents or in a foster
| | (ii) attend school;
(iii) attend a non-residential program for youth;
(iv) contribute to his or her own support at home
| | (e) Upon violation of a term or condition of probation, the court may enter a judgment on its original finding of guilt and proceed as otherwise provided.
(f) Upon fulfillment of the terms and conditions of probation, the court shall discharge the person and dismiss the proceedings against him or her.
(g) A disposition of probation is considered to be a conviction for the purposes of imposing the conditions of probation and for appeal, however, discharge and dismissal under this Section is not a conviction for purposes of this Act or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime.
(h) A person may not have more than one discharge and dismissal under this Section within a 4-year period.
(i) If a person is convicted of an offense under this Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act within 5 years subsequent to a discharge and dismissal under this Section, the discharge and dismissal under this Section shall be admissible in the sentencing proceeding for that conviction as evidence in aggravation.
(j) Notwithstanding subsection (a), before a person is sentenced to probation under this Section, the court may refer the person to the drug court established in that judicial circuit pursuant to Section 15 of the Drug Court Treatment Act. The drug court team shall evaluate the person's likelihood of successfully completing a sentence of probation under this Section and shall report the results of its evaluation to the court. If the drug court team finds that the person suffers from a substance abuse problem that makes him or her substantially unlikely to successfully complete a sentence of probation under this Section, then the drug court shall set forth its findings in the form of a written order, and the person shall not be sentenced to probation under this Section, but shall be considered for the drug court program.
(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18; 100-575, eff. 1-8-18.)
(Text of Section from P.A. 103-702)
Sec. 410. (a) Whenever any person who has not previously been convicted of any felony offense under this Act or any law of the United States or of any State relating to cannabis or controlled substances, pleads guilty to or is found guilty of possession of a controlled or counterfeit substance under subsection (c) of Section 402 or of unauthorized possession of prescription form under Section 406.2, the court, without entering a judgment and with the consent of such person, may sentence him or her to probation. A sentence under this Section shall not be considered a conviction under Illinois law unless and until judgment is entered under subsection (e) of this Section.
(b) When a person is placed on probation, the court shall enter an order specifying a period of probation of 24 months and shall defer further proceedings in the case until the conclusion of the period or until the filing of a petition alleging violation of a term or condition of probation.
(c) The conditions of probation shall be that the person: (1) not violate any criminal statute of any jurisdiction; (2) refrain from possessing a firearm or other dangerous weapon; (3) submit to periodic drug testing at a time and in a manner as ordered by the court, but no less than 3 times during the period of the probation, with the cost of the testing to be paid by the probationer; and (4) perform no less than 30 hours of community service, provided community service is available in the jurisdiction and is funded and approved by the county board. The court may give credit toward the fulfillment of community service hours for participation in activities and treatment as determined by court services.
(d) The court may, in addition to other conditions, require that the person:
(1) make a report to and appear in person before or
| | participate with the court or such courts, person, or social service agency as directed by the court in the order of probation;
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| (2) pay a fine and costs;
(3) work or pursue a course of study or vocational
| | (4) undergo medical or psychiatric treatment; or
| | treatment or rehabilitation approved by the Illinois Department of Human Services;
|
| (5) attend or reside in a facility established for
| | the instruction or residence of defendants on probation;
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| (6) support his or her dependents;
(6-5) refrain from having in his or her body the
| | presence of any illicit drug prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug;
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| (7) and in addition, if a minor:
(i) reside with his or her parents or in a foster
| | (ii) attend school;
(iii) attend a non-residential program for youth;
(iv) contribute to his or her own support at home
| | (e) Upon violation of a term or condition of probation, the court may enter a judgment on its original finding of guilt and proceed as otherwise provided.
(f) Upon fulfillment of the terms and conditions of probation, the court shall discharge the person and dismiss the proceedings against him or her.
(g) A disposition of probation is considered to be a conviction for the purposes of imposing the conditions of probation and for appeal, however, a sentence under this Section is not a conviction for purposes of this Act or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime unless and until judgment is entered.
(h) A person may not have more than one discharge and dismissal under this Section within a 4-year period.
(i) If a person is convicted of an offense under this Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act within 5 years subsequent to a discharge and dismissal under this Section, the discharge and dismissal under this Section shall be admissible in the sentencing proceeding for that conviction as evidence in aggravation.
(j) Notwithstanding subsection (a), before a person is sentenced to probation under this Section, the court may refer the person to the drug court established in that judicial circuit pursuant to Section 15 of the Drug Court Treatment Act. The drug court team shall evaluate the person's likelihood of successfully completing a sentence of probation under this Section and shall report the results of its evaluation to the court. If the drug court team finds that the person suffers from a substance abuse problem that makes him or her substantially unlikely to successfully complete a sentence of probation under this Section, then the drug court shall set forth its findings in the form of a written order, and the person shall not be sentenced to probation under this Section, but shall be considered for the drug court program.
(Source: P.A. 103-702, eff. 1-1-25.)
(Text of Section from P.A. 103-881)
Sec. 410. (a) Whenever any person who has not previously been convicted of any felony offense under this Act or any law of the United States or of any State relating to cannabis or controlled substances, pleads guilty to or is found guilty of possession of a controlled or counterfeit substance under subsection (c) of Section 402 or of unauthorized possession of prescription form under Section 406.2, the court, without entering a judgment and with the consent of such person, may sentence him or her to probation.
(b) When a person is placed on probation, the court shall enter an order specifying a period of probation of 24 months and shall defer further proceedings in the case until the conclusion of the period or until the filing of a petition alleging violation of a term or condition of probation.
(c) The conditions of probation shall be that the person: (1) not violate any criminal statute of any jurisdiction; (2) refrain from possessing a firearm or other dangerous weapon; (3) submit to periodic drug testing at a time and in a manner as ordered by the court, but no less than 3 times during the period of the probation, with the cost of the testing to be paid by the probationer; and (4) perform no less than 30 hours of community service, provided community service is available in the jurisdiction and is funded and approved by the county board. The court may give credit toward the fulfillment of community service hours for participation in activities and treatment as determined by court services.
(d) The court may, in addition to other conditions, require that the person:
(1) make a report to and appear in person before or
| | participate with the court or such courts, person, or social service agency as directed by the court in the order of probation;
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| (2) pay a fine and costs;
(3) work or pursue a course of study or vocational
| | (4) undergo medical or psychiatric treatment; or
| | treatment or rehabilitation approved by the Illinois Department of Human Services;
|
| (5) attend or reside in a facility established for
| | the instruction or residence of defendants on probation;
|
| (6) support his or her dependents;
(6-5) refrain from having in his or her body the
| | presence of any illicit drug prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug;
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| (7) and in addition, if a minor:
(i) reside with his or her parents or in a foster
| | (ii) attend school;
(iii) attend a non-residential program for youth;
(iv) contribute to his or her own support at home
| | (e) Upon violation of a term or condition of probation, the court may enter a judgment on its original finding of guilt and proceed as otherwise provided.
(f) Upon fulfillment of the terms and conditions of probation, the court shall discharge the person and dismiss the proceedings against him or her.
(g) A disposition of probation is considered to be a conviction for the purposes of imposing the conditions of probation and for appeal, however, discharge and dismissal under this Section is not a conviction for purposes of this Act or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime.
(h) A person may not have more than one discharge and dismissal under this Section within a 4-year period.
(i) If a person is convicted of an offense under this Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act within 5 years subsequent to a discharge and dismissal under this Section, the discharge and dismissal under this Section shall be admissible in the sentencing proceeding for that conviction as evidence in aggravation.
(j) Notwithstanding subsection (a), before a person is sentenced to probation under this Section, the court may refer the person to the drug court established in that judicial circuit pursuant to Section 15 of the Drug Court Treatment Act. The drug court team shall evaluate the person's likelihood of successfully completing a sentence of probation under this Section and shall report the results of its evaluation to the court. If the drug court team finds that the person suffers from a substance use disorder that makes him or her substantially unlikely to successfully complete a sentence of probation under this Section, then the drug court shall set forth its findings in the form of a written order, and the person shall not be sentenced to probation under this Section, but shall be considered for the drug court program.
(Source: P.A. 103-881, eff. 1-1-25.)
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720 ILCS 570/411
(720 ILCS 570/411) (from Ch. 56 1/2, par. 1411)
Sec. 411. In determining the appropriate sentence for any conviction
under this Act, the sentencing court may consider the following as
indicative of the type of offenses which the legislature deems most
damaging to the peace and welfare of the citizens of Illinois and which
warrants the most severe penalties:
(1) the unlawful delivery of the most highly toxic | | controlled substances, as reflected by their inclusion in Schedule I or II of this Act;
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(2) offenses involving unusually large quantities of
| | controlled substances, as measured by their wholesale value at the time of the offense;
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(3) the unlawful delivery of controlled substances by
| | a non-user to a user of controlled substances;
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|
(4) non-possessory offenses by persons who have no
| | other visible means of support;
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|
(5) offenses involving the large-scale manufacture of
| |
(6) offenses which indicate any immediate involvement
| | whatsoever with organized crime in terms of the controlled substance's manufacture, importation, or volume distribution;
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|
(7) the manufacture for, or the delivery of
| | controlled substances to persons 3 years or more junior to the person(s) convicted under this Act;
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|
(8) the unlawful delivery of anabolic steroids by an
| | athletic trainer, coach, or health club personnel;
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|
(9) the possession, delivery, or manufacture of
| | controlled substances or cannabis in the presence of a child under 17 years of age.
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| Nothing in this section shall be construed as limiting in any way the
discretion of the court to impose any sentence authorized by this Act.
(Source: P.A. 94-172, eff. 1-1-06.)
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720 ILCS 570/411.1
(720 ILCS 570/411.1) (from Ch. 56 1/2, par. 1411.1)
Sec. 411.1.
(a) Whenever any person pleads guilty to, is found guilty
of or is placed on supervision for an offense under this Article, a fine
may be levied in addition to any
other penalty imposed by the court.
(b) In determining whether to impose a fine under this Section and the
amount, time for payment, and method of payment of any fine so imposed, the court
shall:
(1) consider the defendant's income, regardless of | | source, the defendant's earning capacity and the defendant's financial resources, as well as the nature of the burden the fine will impose on the defendant and any person legally or financially dependent upon the defendant;
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(2) consider the proof received at trial, or as a
| | result of a plea of guilty, concerning the full street value of the controlled substances seized and any profits or other proceeds derived by the defendant from the violation of this Act;
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(3) take into account any other pertinent equitable
| |
(4) give primary consideration to the need to deprive
| | the defendant of illegally obtained profits or other proceeds from the offense.
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|
For the purpose of paragraph (2) of this subsection, "street value" shall
be determined by the court on the basis of testimony of law enforcement
personnel and the defendant as to the amount seized and such testimony as
may be required by the court as to the current street value of the controlled
substances.
(c) As a condition of a fine, the court may require that payment be made
in specified installments or within a specified period of time, but such
period shall not be greater than the maximum applicable term of probation
or imprisonment, whichever is greater. Unless otherwise specified, payment
of a fine shall be due immediately.
(d) If a fine for a violation of this Act is imposed on an organization,
it is the duty of each individual authorized to make disbursements of the
assets of the organization to pay the fine from assets of the organization.
(e) (1) A defendant who has been sentenced to pay a fine, and who has
paid part but not all of such fine, may petition the court for an extension
of the time for payment or modification of the method of payment.
(2) The court may grant a petition made pursuant to this subsection if it
finds that:
(i) the circumstances that warranted payment by the
| | time or method specified no longer exist; or
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|
(ii) it is otherwise unjust to require payment of the
| | fine by the time or method specified.
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|
(Source: P.A. 91-357, eff. 7-29-99.)
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720 ILCS 570/411.2 (720 ILCS 570/411.2) (Text of Section before amendment by P.A. 103-881) Sec. 411.2. Drug Treatment Fund; drug treatment grants. (a) (Blank). (b) (Blank). (c) (Blank). (d) (Blank). (e) (Blank). (f) (Blank). (g) (Blank). (h) The Drug Treatment Fund is hereby established as a
special fund within the State Treasury. The Department of Human Services may make grants to persons licensed under
Section 15-10 of
the Substance Use Disorder Act or to
municipalities
or counties from funds appropriated to the Department from the Drug
Treatment Fund for the treatment of pregnant women who are addicted to
alcohol, cannabis, or controlled substances and for the needed care of
minor, unemancipated children of women undergoing residential drug
treatment. If the Department of Human Services grants funds
to a municipality or a county that the Department determines is not
experiencing a problem with pregnant women addicted to alcohol, cannabis, or
controlled substances, or with care for minor, unemancipated children of
women undergoing residential drug treatment, or intervention, the funds
shall be used for the treatment of any person addicted to alcohol, cannabis,
or controlled substances. The Department may adopt such rules as it deems
appropriate for the administration of such grants. (i) (Blank).(Source: P.A. 100-759, eff. 1-1-19; 100-987, eff. 7-1-19; 101-81, eff. 7-12-19.) (Text of Section after amendment by P.A. 103-881) Sec. 411.2. Drug Treatment Fund; drug treatment grants. (a) (Blank). (b) (Blank). (c) (Blank). (d) (Blank). (e) (Blank). (f) (Blank). (g) (Blank). (h) The Drug Treatment Fund is hereby established as a special fund within the State Treasury. The Department of Human Services may make grants to persons licensed under Section 15-10 of the Substance Use Disorder Act or to municipalities or counties from funds appropriated to the Department from the Drug Treatment Fund for the treatment of pregnant women who have a substance use disorder and for the needed care of minor, unemancipated children of women undergoing residential drug treatment. If the Department of Human Services grants funds to a municipality or a county that the Department determines is not experiencing a healthcare need of pregnant women with a substance use disorder, or with care for minor, unemancipated children of women undergoing residential drug treatment, or intervention, the funds shall be used for the treatment of any person with a substance use disorder. The Department may adopt such rules as it deems appropriate for the administration of such grants. (i) (Blank).(Source: P.A. 103-881, eff. 1-1-25.) |
720 ILCS 570/411.3
(720 ILCS 570/411.3)
Sec. 411.3. (Repealed).
(Source: P.A. 93-297, eff. 1-1-04; 94-551, eff. 1-1-06. Repealed by P.A. 94-556, eff. 9-11-05.) |
720 ILCS 570/411.4 (720 ILCS 570/411.4) Sec. 411.4. (Repealed).
(Source: P.A. 97-434, eff. 1-1-12. Repealed by P.A. 100-987, eff. 7-1-19.) |
720 ILCS 570/412
(720 ILCS 570/412) (from Ch. 56 1/2, par. 1412)
Sec. 412.
Any penalty imposed for any violation of this Act is in addition to, and
not in lieu of, any civil or administrative penalty or sanction otherwise
authorized by this Act or any other law.
(Source: P.A. 77-757.)
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720 ILCS 570/413 (720 ILCS 570/413) (from Ch. 56 1/2, par. 1413) (Text of Section before amendment by P.A. 103-881) Sec. 413. (a) Twelve and one-half percent of all amounts collected
as fines pursuant to the provisions of this Article shall be paid into the
Youth Drug Abuse Prevention Fund, which is hereby created in the State
treasury, to be used by the Department for the funding of programs and
services for drug-abuse treatment, and prevention and education services,
for juveniles. (b) Eighty-seven and one-half percent of the proceeds of all fines received
under the provisions of this Article shall be transmitted to and deposited
in the treasurer's office at the level
of government as follows: (1) If such seizure was made by a combination of law | | enforcement personnel representing differing units of local government, the court levying the fine shall equitably allocate 50% of the fine among these units of local government and shall allocate 37 1/2% to the county general corporate fund. In the event that the seizure was made by law enforcement personnel representing a unit of local government from a municipality where the number of inhabitants exceeds 2 million in population, the court levying the fine shall allocate 87 1/2% of the fine to that unit of local government. If the seizure was made by a combination of law enforcement personnel representing differing units of local government, and at least one of those units represents a municipality where the number of inhabitants exceeds 2 million in population, the court shall equitably allocate 87 1/2% of the proceeds of the fines received among the differing units of local government.
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| (2) If such seizure was made by State law enforcement
| | personnel, then the court shall allocate 37 1/2% to the State treasury and 50% to the county general corporate fund.
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| (3) If a State law enforcement agency in combination
| | with a law enforcement agency or agencies of a unit or units of local government conducted the seizure, the court shall equitably allocate 37 1/2% of the fines to or among the law enforcement agency or agencies of the unit or units of local government which conducted the seizure and shall allocate 50% to the county general corporate fund.
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| (c) The proceeds of all fines allocated to the law enforcement agency or
agencies of the unit or units of local government pursuant to subsection
(b) shall be made available to that law enforcement agency as expendable
receipts for use in the enforcement of laws regulating cannabis, methamphetamine, and other controlled
substances. The proceeds of fines awarded to the State
treasury shall be deposited in a special fund known as the Drug Traffic
Prevention Fund, except that amounts distributed to the Secretary of
State shall be deposited into the Secretary of State Evidence Fund to be
used as provided in Section 2-115 of the Illinois Vehicle Code. Monies
from this fund may be used by the Illinois
State Police or use in the enforcement of laws regulating cannabis, methamphetamine, and other
controlled
substances; to satisfy funding provisions of the
Intergovernmental Drug Laws Enforcement Act; to defray costs and expenses
associated with returning violators of the Cannabis Control Act and this
Act only, as provided in those Acts, when punishment of the crime shall be
confinement of the criminal in the penitentiary; and all other monies shall
be paid into the general revenue fund in the State treasury.
(Source: P.A. 97-334, eff. 1-1-12.)
(Text of Section after amendment by P.A. 103-881)
Sec. 413. (a) Twelve and one-half percent of all amounts collected as fines pursuant to the provisions of this Article shall be paid into the Youth Drug Abuse Prevention Fund, which is hereby created in the State treasury, to be used by the Department for the funding of programs and services for substance use disorder treatment, and prevention and education services, for juveniles.
(b) Eighty-seven and one-half percent of the proceeds of all fines received under the provisions of this Article shall be transmitted to and deposited in the treasurer's office at the level of government as follows:
(1) If such seizure was made by a combination of law
| | enforcement personnel representing differing units of local government, the court levying the fine shall equitably allocate 50% of the fine among these units of local government and shall allocate 37 1/2% to the county general corporate fund. In the event that the seizure was made by law enforcement personnel representing a unit of local government from a municipality where the number of inhabitants exceeds 2 million in population, the court levying the fine shall allocate 87 1/2% of the fine to that unit of local government. If the seizure was made by a combination of law enforcement personnel representing differing units of local government, and at least one of those units represents a municipality where the number of inhabitants exceeds 2 million in population, the court shall equitably allocate 87 1/2% of the proceeds of the fines received among the differing units of local government.
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| (2) If such seizure was made by State law enforcement
| | personnel, then the court shall allocate 37 1/2% to the State treasury and 50% to the county general corporate fund.
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| (3) If a State law enforcement agency in combination
| | with a law enforcement agency or agencies of a unit or units of local government conducted the seizure, the court shall equitably allocate 37 1/2% of the fines to or among the law enforcement agency or agencies of the unit or units of local government which conducted the seizure and shall allocate 50% to the county general corporate fund.
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| (c) The proceeds of all fines allocated to the law enforcement agency or agencies of the unit or units of local government pursuant to subsection (b) shall be made available to that law enforcement agency as expendable receipts for use in the enforcement of laws regulating cannabis, methamphetamine, and other controlled substances. The proceeds of fines awarded to the State treasury shall be deposited in a special fund known as the Drug Traffic Prevention Fund, except that amounts distributed to the Secretary of State shall be deposited into the Secretary of State Evidence Fund to be used as provided in Section 2-115 of the Illinois Vehicle Code. Monies from this fund may be used by the Illinois State Police or use in the enforcement of laws regulating cannabis, methamphetamine, and other controlled substances; to satisfy funding provisions of the Intergovernmental Drug Laws Enforcement Act; to defray costs and expenses associated with returning violators of the Cannabis Control Act and this Act only, as provided in those Acts, when punishment of the crime shall be confinement of the criminal in the penitentiary; and all other monies shall be paid into the general revenue fund in the State treasury.
(Source: P.A. 103-881, eff. 1-1-25.)
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720 ILCS 570/414 (720 ILCS 570/414) Sec. 414. Overdose; limited immunity. (a) For the purposes of this Section, "overdose" means a controlled substance-induced physiological event that results in a life-threatening emergency to the individual who ingested, inhaled, injected or otherwise bodily absorbed a controlled, counterfeit, or look-alike substance or a controlled substance analog. (b) A person who, in good faith, seeks or obtains emergency medical assistance for someone experiencing an overdose shall not be arrested, charged, or prosecuted for a violation of Section 401 or 402 of the Illinois Controlled Substances Act, Section 3.5 of the Drug Paraphernalia Control Act, Section 55 or 60 of the Methamphetamine Control and Community Protection Act, Section 9-3.3 of the Criminal Code of 2012, or paragraph (1) of subsection (g) of Section 12-3.05 of the Criminal Code of 2012 if evidence for the violation was acquired as a result of the person seeking or obtaining emergency medical assistance and providing the amount of substance recovered is within the amount identified in subsection (d) of this Section. The violations listed in this subsection (b) must not serve as the sole basis of a violation of parole, mandatory supervised release, probation, or conditional discharge, a person's pretrial release, or furlough, or any seizure of property under any State law authorizing civil forfeiture so long as the evidence for the violation was acquired as a result of the person seeking or obtaining emergency medical assistance in the event of an overdose. (c) A person who is experiencing an overdose shall not be arrested, charged, or prosecuted for a violation of Section 401 or 402 of the Illinois Controlled Substances Act, Section 3.5 of the Drug Paraphernalia Control Act, Section 9-3.3 of the Criminal Code of 2012, or paragraph (1) of subsection (g) of Section 12-3.05 of the Criminal Code of 2012 if evidence for the violation was acquired as a result of the person seeking or obtaining emergency medical assistance and providing the amount of substance recovered is within the amount identified in subsection (d) of this Section. The violations listed in this subsection (c) must not serve as the sole basis of a violation of parole, mandatory supervised release, probation, or conditional discharge, or any seizure of property under any State law authorizing civil forfeiture so long as the evidence for the violation was acquired as a result of the person seeking or obtaining emergency medical assistance in the event of an overdose. (d) For the purposes of subsections (b) and (c), the limited immunity shall only apply to a person possessing the following amount: (1) less than 3 grams of a substance containing | | (2) less than 3 grams of a substance containing
| | (3) less than 3 grams of a substance containing
| | (4) less than 40 grams of a substance containing
| | (5) less than 40 grams of a substance containing a
| | derivative of barbituric acid or any of the salts of a derivative of barbituric acid;
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| (6) less than 40 grams of a substance containing
| | amphetamine or any salt of an optical isomer of amphetamine;
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| (7) less than 3 grams of a substance containing
| | lysergic acid diethylamide (LSD), or an analog thereof;
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| (8) less than 6 grams of a substance containing
| | pentazocine or any of the salts, isomers and salts of isomers of pentazocine, or an analog thereof;
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| (9) less than 6 grams of a substance containing
| | methaqualone or any of the salts, isomers and salts of isomers of methaqualone;
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| (10) less than 6 grams of a substance containing
| | phencyclidine or any of the salts, isomers and salts of isomers of phencyclidine (PCP);
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| (11) less than 6 grams of a substance containing
| | ketamine or any of the salts, isomers and salts of isomers of ketamine;
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| (12) less than 40 grams of a substance containing a
| | substance classified as a narcotic drug in Schedules I or II, or an analog thereof, which is not otherwise included in this subsection.
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| (e) The limited immunity described in subsections (b) and (c) of this Section shall not be extended if law enforcement has reasonable suspicion or probable cause to detain, arrest, or search the person described in subsection (b) or (c) of this Section for criminal activity and the reasonable suspicion or probable cause is based on information obtained prior to or independent of the individual described in subsection (b) or (c) taking action to seek or obtain emergency medical assistance and not obtained as a direct result of the action of seeking or obtaining emergency medical assistance. Nothing in this Section is intended to interfere with or prevent the investigation, arrest, or prosecution of any person for the delivery or distribution of cannabis, methamphetamine or other controlled substances, drug-induced homicide, or any other crime if the evidence of the violation is not acquired as a result of the person seeking or obtaining emergency medical assistance in the event of an overdose.
(Source: P.A. 102-4, eff. 4-27-21; 102-476, eff. 1-1-22.)
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720 ILCS 570/415 (720 ILCS 570/415) Sec. 415. Use, possession, and consumption of a controlled substance related to sexual assault; limited immunity from prosecution. (a) In this Section: "Medical forensic services" has the meaning defined in Section 1a of the Sexual Assault Survivors Emergency Treatment Act. "Sexual assault" means an act of sexual conduct or sexual penetration, defined in Section 11-0.1 of the Criminal Code of 2012, including, without limitation, acts prohibited under Sections 11-1.20 through 11-1.60 of the Criminal Code of 2012. (b) A person who is a victim of a sexual assault shall not be charged or prosecuted for Class 4 felony possession of a controlled, counterfeit, or look-alike substance or a controlled substance analog: (1) if evidence for the Class 4 felony possession | | charge was acquired as a result of the person reporting the sexual assault to law enforcement, or seeking or obtaining emergency medical assistance or medical forensic services; and
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| (2) provided the amount of substance recovered is
| | within the amount identified in subsection (d) of this Section.
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| (c) A person who, in good faith, reports to law enforcement the commission of a sexual assault against another person or seeks or obtains emergency medical assistance or medical forensic services for a victim of sexual assault shall not be charged or prosecuted for Class 4 felony possession of a controlled, counterfeit, or look-alike substance or a controlled substance analog:
(1) if evidence for the Class 4 felony possession
| | charge was acquired as a result of the person seeking or obtaining emergency medical assistance or medical forensic services; and
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| (2) provided the amount of substance recovered is
| | within the amount identified in subsection (d) of this Section.
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| (d) For the purposes of subsections (b) and (c) of this Section, the limited immunity shall only apply to a person possessing the following amount:
(1) less than 3 grams of a substance containing
| | (2) less than 3 grams of a substance containing
| | (3) less than 3 grams of a substance containing
| | (4) less than 40 grams of a substance containing
| | (5) less than 40 grams of a substance containing a
| | derivative of barbituric acid or any of the salts of a derivative of barbituric acid;
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| (6) less than 40 grams of a substance containing
| | amphetamine or any salt of an optical isomer of amphetamine;
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| (7) less than 3 grams of a substance containing
| | lysergic acid diethylamide (LSD), or an analog thereof;
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| (8) less than 6 grams of a substance containing
| | pentazocine or any of the salts, isomers and salts of isomers of pentazocine, or an analog thereof;
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| (9) less than 6 grams of a substance containing
| | methaqualone or any of the salts, isomers and salts of isomers of methaqualone;
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| (10) less than 6 grams of a substance containing
| | phencyclidine or any of the salts, isomers and salts of isomers of phencyclidine (PCP);
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| (11) less than 6 grams of a substance containing
| | ketamine or any of the salts, isomers and salts of isomers of ketamine; or
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| (12) less than 40 grams of a substance containing a
| | substance classified as a narcotic drug in Schedules I or II, or an analog thereof, which is not otherwise included in this subsection (d).
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| (e) The limited immunity described in subsections (b) and (c) of this Section shall not be extended if law enforcement has reasonable suspicion or probable cause to detain, arrest, or search the person described in subsection (b) or (c) of this Section for criminal activity and the reasonable suspicion or probable cause is based on information obtained prior to or independent of the person described in subsection (b) or (c) of this Section taking action to report a sexual assault to law enforcement or to seek or obtain emergency medical assistance or medical forensic services and not obtained as a direct result of the action of seeking or obtaining emergency medical assistance or medical forensic services. Nothing in this Section is intended to interfere with or prevent the investigation, arrest, or prosecution of any person for the delivery or distribution of cannabis, methamphetamine, or other controlled substances, drug-induced homicide, or any other crime.
(Source: P.A. 100-1087, eff. 1-1-19.)
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720 ILCS 570/Art. V
(720 ILCS 570/Art. V heading)
ARTICLE V
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720 ILCS 570/501
(720 ILCS 570/501) (from Ch. 56 1/2, par. 1501)
Sec. 501.
(a) It is hereby made the duty of the Department of Financial and
Professional Regulation and the Illinois State Police, and their
agents, officers, and investigators, to enforce all
provisions of this Act, except those specifically delegated, and to cooperate
with all agencies charged with the enforcement of the laws of the United
States, or of any State, relating to controlled substances. Only an agent,
officer, or investigator designated by the Secretary of the Department of Financial and Professional Regulation or the Director of the Illinois State Police may: (1)
for the purpose of inspecting, copying, and verifying the correctness of
records, reports or other documents required to be kept or made under this Act
and otherwise facilitating the execution of the functions of the Department of Financial and
Professional Regulation or the Illinois State Police, be
authorized in accordance with this Section to enter controlled premises
and to conduct administrative inspections thereof and of the things
specified; or (2) execute and serve administrative inspection notices,
warrants, subpoenas, and summonses under the authority of this State.
Any inspection or administrative entry of persons licensed by the
Department shall be made in accordance with subsection (bb) of Section
30-5 of the Substance Use Disorder Act and the rules and regulations promulgated thereunder.
(b) Administrative entries and inspections designated in
clause (1) of subsection (a) shall be carried out through agents,
officers, investigators and peace officers (hereinafter referred to as
"inspectors") designated by the Secretary of the Department of Financial and Professional Regulation. Any inspector, upon stating
his or her purpose and presenting to the owner, operator, or agent in
charge of the premises (1) appropriate credentials and (2) a
written notice of his or her inspection authority (which notice, in the
case of an inspection requiring or in fact supported by an administrative
inspection warrant, shall consist of that
warrant), shall have the right to enter the premises and conduct
the inspection at reasonable times.
Inspectors appointed before the effective date of this amendatory Act of the 97th General Assembly by the Secretary of Financial and Professional Regulation under this Section 501 are
conservators of the peace and as such have all the powers possessed by
policemen in municipalities and by sheriffs, except that they may exercise such
powers anywhere in the State.
A Chief of Investigations of the Department of Financial and Professional Regulation's Division of Professional Regulation appointed by the Secretary of Financial and Professional Regulation on or after the effective date of this amendatory Act of the 97th General Assembly is a
conservator of the peace and as such has all the powers possessed by
policemen in municipalities and by sheriffs, except that he or she may exercise such
powers anywhere in the State. Any other employee of the Department of Financial and Professional Regulation appointed by the Secretary of Financial and Professional Regulation or by the Director of Professional Regulation on or after the effective date of this amendatory Act of the 97th General Assembly under this Section 501 is not a
conservator of the peace. (c) Except as may otherwise be indicated in an applicable inspection
warrant, the inspector shall have the right:
(1) to inspect and copy records, reports and other | | documents required to be kept or made under this Act;
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(2) to inspect, within reasonable limits and in a
| | reasonable manner, controlled premises and all pertinent equipment, finished and unfinished drugs and other substances or materials, containers and labeling found therein, and all other things therein (including records, files, papers, processes, controls and facilities) appropriate for verification of the records, reports and documents referred to in item (1) or otherwise bearing on the provisions of this Act; and
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(3) to inventory any stock of any controlled
| |
(d) Except when the owner, operator, or agent in charge of the
controlled premises so consents in writing, no inspection authorized by
this Section shall extend to:
(1) financial data;
(2) sales data other than shipment data; or
(3) pricing data.
Any inspection or administrative entry of persons licensed by the
Department shall be made in accordance with subsection (bb) of Section
30-5 of the Substance Use Disorder Act and the rules and regulations
promulgated
thereunder.
(e) Any agent, officer, investigator or peace officer designated by
the Secretary of the Department of Financial and Professional Regulation may (1) make seizure of
property pursuant to the provisions of this Act; and (2) perform such
other law enforcement duties as the Secretary shall designate. It is
hereby made the duty of all State's Attorneys to prosecute violations of
this Act and institute legal proceedings as authorized under this Act.
(Source: P.A. 100-759, eff. 1-1-19.)
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720 ILCS 570/501.1
(720 ILCS 570/501.1) (from Ch. 56 1/2, par. 1501.1)
Sec. 501.1. Administrative Procedure Act. The Illinois Administrative
Procedure Act is hereby expressly adopted and incorporated herein, but shall
apply only to the Department of Financial and Professional Regulation, as if all of the
provisions of that Act were included in this Act, except that the provision of
subsection (d) of Section 10-65 of the Illinois Administrative Procedure Act
which provides that at hearings the licensee has the right to show compliance
with all lawful requirements for retention, continuation or renewal of the
license is specifically excluded. For the purposes of this Act the notice
required under Section 10-25 of the Illinois Administrative Procedure Act is
deemed sufficient when mailed to the last known address of a party.
(Source: P.A. 97-334, eff. 1-1-12.)
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720 ILCS 570/502
(720 ILCS 570/502) (from Ch. 56 1/2, par. 1502)
Sec. 502.
(a) Issuance and execution of administrative inspection warrants shall
be as follows:
(1) a judge of a circuit court upon proper
oath or affirmation showing probable cause, may issue warrants for the
purpose of conducting administrative inspections authorized by this Act or
rules hereunder, and seizures of property appropriate to the inspections.
For purposes of the issuance of administrative inspection warrants,
probable cause exists upon showing a valid public interest in the effective
enforcement of this Act or rules hereunder, sufficient to justify
administrative inspection of the controlled premises, as defined in
subsection (b), specified in the application for the warrant.
(2) an inspection warrant shall issue only upon an affidavit of any
person having knowledge of the facts alleged, sworn to before the circuit
judge and establishing the grounds for issuing the inspection warrant. If
the circuit judge is satisfied that there is probable cause to believe that
grounds for issuance of an inspection warrant exist, he shall issue an
inspection warrant identifying the controlled premises to be inspected, the
purpose of the inspection, and, if appropriate, the type of property to be
inspected or seized, if any. The inspection warrant shall:
(i) state the ground for its issuance and the name of each person whose
affidavit has been taken in support thereof;
(ii) be directed to a person authorized by Section 501 to execute it;
(iii) command the person to whom it is directed to inspect the
controlled premises identified for the purpose specified and, if
appropriate, direct the seizure of the property specified;
(iv) identify the item or types of property to be seized, if any;
(v) direct that it be served at any time of the day or night and
designate the circuit court judge to whom it shall be returned.
(3) an inspection warrant issued pursuant to this Section must be
executed and returned within 10 days of its date of issuance unless, upon a
showing of a need for additional time, the court which issued the
inspection warrant orders otherwise. If property is seized pursuant to an
inspection warrant, a copy of the inventory of such seized property shall
be given to the person from whom or from whose controlled premises the
property is taken. If no person is available, the inspection warrant and a
copy of the inventory shall be left at such controlled premises. The
inventory shall be made under oath by the person executing the warrant.
(4) an inspection warrant shall be returnable before the judge of the
circuit court who issued the inspection warrant or any judge named in the
inspection warrant or before the circuit court. The judge
before whom the return is made shall attach to the inspection warrant a
copy of the return and all papers returnable in connection therewith and
file them with the clerk of the circuit court in which the inspection
warrant was executed.
(5) no warrant shall be quashed nor evidence suppressed because of
technical irregularities not affecting the substantial rights of the person
responsible for the controlled premises.
(b) The Director may make inspections of controlled premises in
accordance with the following provisions:
(1) For purposes of this Section only, "controlled premises" means:
(i) places where persons registered or exempted from registration
requirements under this Act keep records required under this Act; and
(ii) places, including but not limited to, areas, buildings, premises,
factories, warehouses, establishments and conveyances in which persons
registered or exempted from registration requirements under this Act are
permitted to possess, manufacture, distribute, dispense, administer, or
otherwise dispose of any controlled substance.
(2) When authorized by an inspection warrant issued pursuant to this
Act, any agent designated by the Director or any peace officer, upon
presenting the inspection warrant to the person designated in the
inspection warrant or any other person on the controlled premises, may
enter controlled premises for the purpose of conducting the inspection.
(3) When authorized by an inspection warrant any agent designated by the
Director may execute the inspection warrant in accordance with its terms.
(4) This section does not prevent the inspection without a warrant of
books and records pursuant to an administrative subpoena issued in
accordance with "The Civil Administrative Code of Illinois," nor does it
prevent entries and administrative inspections, including seizures of
property, without a warrant:
(i) if the person in charge of the controlled premises consents; or
(ii) in situations presenting imminent danger to health or safety; or
(iii) in situations involving inspection of conveyances if there is
reasonable cause to believe that the mobility of the conveyance makes it
impracticable to obtain a warrant; or
(iv) in any other exceptional or emergency circumstance where time or
opportunity to apply for a warrant is lacking.
(5) An inspection warrant authorized by this Section shall not extend to
financial data, sales data, other than shipment data, or pricing data
unless the person in charge of the controlled premises consents in writing,
provided, however, that records required to be kept under this Act are not
included in such financial data, sales data or pricing data.
(Source: P.A. 79-1362.)
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720 ILCS 570/503
(720 ILCS 570/503) (from Ch. 56 1/2, par. 1503)
Sec. 503.
In addition to any other remedies, the Director or the Secretary of the Department of Financial and Professional Regulation is authorized to file
a complaint and apply to
any circuit court for, and such circuit court may upon
hearing and for cause shown, grant a temporary restraining
order or a preliminary or permanent injunction,
without bond, restraining any person from violating this
Act whether or not there exists other judicial remedies.
(Source: P.A. 97-334, eff. 1-1-12.)
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720 ILCS 570/504 (720 ILCS 570/504) (from Ch. 56 1/2, par. 1504) (Text of Section before amendment by P.A. 103-881) Sec. 504. (a) The Director and the Secretary of the Department of Financial and Professional Regulation shall each cooperate with Federal agencies and other State agencies
in discharging his or her responsibilities concerning traffic in controlled
substances and in suppressing the misuse and abuse of controlled
substances. To this end he or she may: (1) arrange for the exchange of information among | | governmental officials concerning the use, misuse and abuse of controlled substances;
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| (2) coordinate and cooperate in training programs
| | concerning controlled substance law enforcement at local and State levels;
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| (3) cooperate with the federal Drug Enforcement
| | Administration or its successor agency; and
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| (4) conduct programs of eradication aimed at
| | destroying wild illicit growth of plant species from which controlled substances may be extracted.
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| (b) Results, information, and evidence received from the Drug
Enforcement Administration relating
to the regulatory functions of this Act, including results of inspections
conducted by it may be relied and acted upon by the Director and the Secretary of the Department of Financial and Professional Regulation in the
exercise of their regulatory functions under this Act.
(Source: P.A. 97-334, eff. 1-1-12.)
(Text of Section after amendment by P.A. 103-881)
Sec. 504. (a) The Director and the Secretary of the Department of Financial and Professional Regulation shall each cooperate with Federal agencies and other State agencies in discharging his or her responsibilities concerning traffic in controlled substances and in suppressing the misuse of controlled substances. To this end he or she may:
(1) arrange for the exchange of information among
| | governmental officials concerning the use and misuse of controlled substances;
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| (2) coordinate and cooperate in training programs
| | concerning controlled substance law enforcement at local and State levels;
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| (3) cooperate with the federal Drug Enforcement
| | Administration or its successor agency; and
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| (4) conduct programs of eradication aimed at
| | destroying wild illicit growth of plant species from which controlled substances may be extracted.
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| (b) Results, information, and evidence received from the Drug Enforcement Administration relating to the regulatory functions of this Act, including results of inspections conducted by it may be relied and acted upon by the Director and the Secretary of the Department of Financial and Professional Regulation in the exercise of their regulatory functions under this Act.
(Source: P.A. 103-881, eff. 1-1-25.)
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720 ILCS 570/505
(720 ILCS 570/505) (from Ch. 56 1/2, par. 1505)
Sec. 505. (a) The following are subject to forfeiture:
(1) (blank);
(2) all raw materials, products, and equipment of any | | kind which are used, or intended for use, in manufacturing, distributing, dispensing, administering or possessing any substance in violation of this Act;
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(3) all conveyances, including aircraft, vehicles, or
| | vessels, which are used, or intended for use, to transport, or in any manner to facilitate the transportation, sale, receipt, possession, or concealment of substances manufactured, distributed, dispensed, or possessed in violation of this Act, or property described in paragraph (2) of this subsection (a), but:
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(i) no conveyance used by any person as a common
| | carrier in the transaction of business as a common carrier is subject to forfeiture under this Section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this Act;
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(ii) no conveyance is subject to forfeiture under
| | this Section by reason of any act or omission which the owner proves to have been committed or omitted without his or her knowledge or consent;
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(iii) a forfeiture of a conveyance encumbered by
| | a bona fide security interest is subject to the interest of the secured party if he or she neither had knowledge of nor consented to the act or omission;
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(4) all money, things of value, books, records, and
| | research products and materials including formulas, microfilm, tapes, and data which are used, or intended to be used, in violation of this Act;
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(5) everything of value furnished, or intended to be
| | furnished, in exchange for a substance in violation of this Act, all proceeds traceable to such an exchange, and all moneys, negotiable instruments, and securities used, or intended to be used, to commit or in any manner to facilitate any violation of this Act;
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(6) all real property, including any right, title,
| | and interest (including, but not limited to, any leasehold interest or the beneficial interest in a land trust) in the whole of any lot or tract of land and any appurtenances or improvements, which is used or intended to be used, in any manner or part, to commit, or in any manner to facilitate the commission of, any violation or act that constitutes a violation of Section 401 or 405 of this Act or that is the proceeds of any violation or act that constitutes a violation of Section 401 or 405 of this Act.
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(b) Property subject to forfeiture under this Act may be seized under the Drug Asset Forfeiture Procedure Act. In the event of seizure, forfeiture proceedings shall be instituted under the Drug Asset Forfeiture Procedure Act.
(c) Forfeiture under this Act is subject to an 8th Amendment to the United States Constitution disproportionate penalties analysis as provided under Section 9.5 of the Drug Asset Forfeiture Procedure Act.
(d) With regard to possession of controlled substances offenses only, a sum of currency with a value of less than $500 shall not be subject to forfeiture under this Act. For all other offenses under this Act, a sum of currency with a value of less than $100 shall not be subject to forfeiture under this Act. In seizures of currency in excess of these amounts, this Section shall not create an exemption for these amounts.
(d-5) For felony offenses involving possession of controlled substances only, no property shall be subject to forfeiture under this Act because of the possession of less than 2 single unit doses of a controlled substance. This exemption shall not apply in instances when the possessor, or another person at the direction of the possessor, engaged in the destruction of any amount of a controlled substance. The amount of a single unit dose shall be the State's burden to prove in its case in chief.
(e) If the Department of Financial and Professional Regulation suspends or revokes
a registration, all controlled substances owned or possessed by the
registrant at the time of suspension or the effective date of the
revocation order may be placed under seal by the Director. No disposition may be made of
substances under seal until the time for taking an appeal has elapsed or
until all appeals have been concluded unless a court, upon application
therefor, orders the sale of perishable substances and the deposit of the
proceeds of the sale with the court. Upon a suspension or revocation order becoming final,
all substances are subject to seizure and forfeiture under the Drug Asset Forfeiture Procedure Act.
(f) (Blank).
(g) (Blank).
(h) (Blank).
(i) Contraband, including controlled substances possessed without authorization under State or federal law, is not subject to forfeiture. No property right exists in contraband. Contraband is subject to seizure and shall be disposed of according to State law.
(j) The changes made to this Section by Public Act 100-512 and Public Act 100-699 only apply to property seized on and after July 1, 2018.
(k) The changes made to this Section by Public Act 100-699 are subject to Section 4 of the Statute on Statutes.
(Source: P.A. 99-686, eff. 7-29-16; 100-512, eff. 7-1-18; 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)
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720 ILCS 570/506
(720 ILCS 570/506) (from Ch. 56 1/2, par. 1506)
Sec. 506.
It is not necessary for the State to negate any exemption or exception
in this Act in any complaint, information, indictment or other pleading or
in any trial, hearing, or other proceeding under this Act. The burden of
proof of any exemption or exception is upon the person claiming it.
(Source: P.A. 77-757.)
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720 ILCS 570/507
(720 ILCS 570/507) (from Ch. 56 1/2, par. 1507)
Sec. 507.
All rulings, final determinations, findings, and conclusions of
the Illinois State Police, the Department of Financial and Professional Regulation, and
the Department of Human Services under this Act are
final and
conclusive decisions of the matters involved. Any person aggrieved by the
decision may obtain review of the decision pursuant to the provisions of
the Administrative Review Law, as amended and the rules adopted pursuant
thereto. Pending final decision on such review, the acts, orders
and rulings of the Department shall remain in full force and effect unless
modified or suspended by order of court pending final judicial decision.
Pending final decision on such review, the acts, orders, sanctions and rulings
of the Department of Financial and Professional Regulation regarding any registration
shall remain in full force and effect, unless stayed by order of court.
However, no stay of any decision of the administrative agency shall issue
unless the person aggrieved by the decision establishes by a preponderance
of the evidence that good cause exists therefor. In determining good cause,
the court shall find that the aggrieved party has established a substantial
likelihood of prevailing on the merits and that granting the stay will not
have an injurious effect on the general public. Good cause shall not be
established solely on the basis of hardships resulting from an inability
to engage in the registered activity pending a final judicial decision.
(Source: P.A. 97-334, eff. 1-1-12.)
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720 ILCS 570/507.1
(720 ILCS 570/507.1) (from Ch. 56 1/2, par. 1507.1)
Sec. 507.1.
The Department shall not be required to
certify any record to the court or file any answer in court or otherwise
appear in any court proceedings under the Administrative Review Law, unless
there is filed in the court with the complaint a receipt from the Department
acknowledging payment of the costs of furnishing and certifying
the record. Exhibits shall be certified without cost. Failure on the part
of the plaintiff to file such receipt in court shall be grounds for dismissal
of the action.
(Source: P.A. 83-969.)
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720 ILCS 570/507.2 (720 ILCS 570/507.2) Sec. 507.2. Rulemaking authority. The Department of Human Services is granted rulemaking authority concerning implementation, maintenance, and compliance with the Prescription Monitoring Program.
(Source: P.A. 97-334, eff. 1-1-12.) |
720 ILCS 570/508 (720 ILCS 570/508) (from Ch. 56 1/2, par. 1508) (Text of Section before amendment by P.A. 103-881) Sec. 508. (a) The Department shall encourage research on controlled
substances. In connection with the research, and in furtherance of the
purposes of this Act, the Department may: (1) establish methods to assess accurately the effect | | of controlled substances and identify and characterize those with potential for abuse;
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| (2) make studies and undertake programs of research
| | (i) develop new or improved approaches,
| | techniques, systems, equipment and devices to strengthen the enforcement of this Act;
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| (ii) determine patterns of use, misuse, and abuse
| | of controlled substances and their social effects; and
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| (iii) improve methods for preventing, predicting,
| | understanding, and dealing with the use, misuse and abuse of controlled substances; and
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| (3) enter into contracts with public agencies,
| | educational institutions, and private organizations or individuals for the purpose of conducting research, demonstrations, or special projects which relate to the use, misuse and abuse of controlled substances.
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| (b) Persons authorized to engage in research may be authorized by the
Department to protect the privacy of individuals who are
the subjects of such research by withholding from all persons not connected
with the conduct of the research the names and other identifying
characteristics of such individuals. Persons who are given this
authorization shall not be compelled in any civil, criminal,
administrative, legislative or other proceeding to identify the individuals
who are the subjects of research for which the authorization was granted,
except to the extent necessary to permit the Department to
determine whether the research is being conducted in accordance with the
authorization.
(c) The Department may authorize the possession and dispensing of
controlled substances by persons engaged in research, upon such terms and
conditions as may be consistent with the public health and safety. The
Department may also approve research and treatment
programs involving the administration of Methadone. The use of Methadone,
or any similar controlled substance by any person is prohibited in this
State except as approved and authorized by the Department
in accordance with its rules and regulations. To the extent of the
applicable authorization, persons are exempt from prosecution in this State
for possession, manufacture or delivery of controlled substances.
(d) Practitioners registered under Federal law to conduct research with
Schedule I substances may conduct research with Schedule I substances within
this State upon furnishing evidence of that Federal registration and notification
of the scope and purpose of such research to the Department.
(Source: P.A. 96-328, eff. 8-11-09.)
(Text of Section after amendment by P.A. 103-881)
Sec. 508. (a) The Department shall encourage research on controlled substances. In connection with the research, and in furtherance of the purposes of this Act, the Department may:
(1) establish methods to assess accurately the effect
| | of controlled substances and identify and characterize those with potential for misuse;
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| (2) make studies and undertake programs of research
| | (i) develop new or improved approaches,
| | techniques, systems, equipment and devices to strengthen the enforcement of this Act;
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| (ii) determine patterns of use and misuse of
| | controlled substances and their social effects; and
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| (iii) improve methods for preventing, predicting,
| | understanding, and dealing with the use and misuse of controlled substances; and
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| (3) enter into contracts with public agencies,
| | educational institutions, and private organizations or individuals for the purpose of conducting research, demonstrations, or special projects which relate to the use and misuse of controlled substances.
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| (b) Persons authorized to engage in research may be authorized by the Department to protect the privacy of individuals who are the subjects of such research by withholding from all persons not connected with the conduct of the research the names and other identifying characteristics of such individuals. Persons who are given this authorization shall not be compelled in any civil, criminal, administrative, legislative or other proceeding to identify the individuals who are the subjects of research for which the authorization was granted, except to the extent necessary to permit the Department to determine whether the research is being conducted in accordance with the authorization.
(c) The Department may authorize the possession and dispensing of controlled substances by persons engaged in research, upon such terms and conditions as may be consistent with the public health and safety. The Department may also approve research and treatment programs involving the administration of Methadone. The use of Methadone, or any similar controlled substance by any person is prohibited in this State except as approved and authorized by the Department in accordance with its rules and regulations. To the extent of the applicable authorization, persons are exempt from prosecution in this State for possession, manufacture or delivery of controlled substances.
(d) Practitioners registered under Federal law to conduct research with Schedule I substances may conduct research with Schedule I substances within this State upon furnishing evidence of that Federal registration and notification of the scope and purpose of such research to the Department.
(Source: P.A. 103-881, eff. 1-1-25.)
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720 ILCS 570/509 (720 ILCS 570/509) (from Ch. 56 1/2, par. 1509) (Text of Section before amendment by P.A. 103-881) Sec. 509. Whenever any court in this State grants probation to any person that the
court has reason to believe is or has been an addict or unlawful possessor
of controlled substances, the court shall require, as a condition of
probation, that the probationer submit to periodic tests by the Department
of Corrections to determine by means of appropriate chemical detection
tests whether the probationer is using controlled substances. The court may
require as a condition of probation that the probationer enter an approved
treatment program, if the court determines that the probationer is addicted
to a controlled substance. Whenever the Prisoner Review Board grants
parole or the Department of Juvenile Justice grants aftercare release to a person believed to have been an
unlawful possessor or addict of controlled substances, the Board or Department shall
require as a condition of parole or aftercare release that the parolee or aftercare releasee submit to appropriate
periodic chemical tests by the Department of Corrections or the Department of Juvenile Justice to determine
whether the parolee or aftercare releasee is using controlled substances.(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.) (Text of Section after amendment by P.A. 103-881) Sec. 509. Whenever any court in this State grants probation to any person that the court has reason to believe is or has a substance use disorder or unlawful possessor of controlled substances, the court shall require, as a condition of probation, that the probationer submit to periodic tests by the Department of Corrections to determine by means of appropriate chemical detection tests whether the probationer is using controlled substances. The court may require as a condition of probation that the probationer enter an approved treatment program, if the court determines that the probationer has a substance use disorder of a controlled substance. Whenever the Prisoner Review Board grants parole or the Department of Juvenile Justice grants aftercare release to a person believed to have been an unlawful possessor or person with a substance use disorder, the Board or Department shall require as a condition of parole or aftercare release that the parolee or aftercare releasee submit to appropriate periodic chemical tests by the Department of Corrections or the Department of Juvenile Justice to determine whether the parolee or aftercare releasee is using controlled substances.(Source: P.A. 103-881, eff. 1-1-25.) |
720 ILCS 570/510 (720 ILCS 570/510) Sec. 510. Preservation of evidence for laboratory testing. (a) Before or after the trial in a prosecution for a violation of any Section of Article IV of this Act, a law enforcement agency or an agent acting on behalf of the law enforcement agency must preserve, subject to a continuous chain of custody, not less than: (1) 2 kilograms of any substance containing a | | detectable amount of heroin;
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| (2) 10 kilograms of any substance containing a
| | detectable amount of: (A) coca leaves, except coca leaves and extract of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; (B) cocaine, its salts, optical and geometric isomers, and salts of isomers; (C) ecgonine, its derivatives, their salts, isomers, and salts of isomers; or (D) any combination of the substances described in subdivisions (A) through (C) of this paragraph (a)(2);
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| (3) 10 kilograms of a mixture of substances described
| | in subdivision (B) of paragraph (a)(2) that contains a cocaine base;
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| (4) 200 grams of phencyclidine (also referred to as
| | "PCP") or 2 kilograms of any substance containing a detectable amount of phencyclidine;
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| (5) 20 grams of any substance containing a detectable
| | amount of lysergic acid diethylamide (also referred to as "LSD");
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| (6) 800 grams of a mixture or substance containing a
| | detectable amount of fentanyl, or 2 grams of any substance containing a detectable amount of any analog of fentanyl;
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with respect to the offenses enumerated in this subsection (a) and must maintain sufficient documentation to locate that evidence. Excess quantities with respect to the offenses enumerated in this subsection (a) cannot practicably be retained by a law enforcement agency because of its size, bulk, and physical character.
(b) The sheriff or seizing law enforcement agency must file a motion requesting destruction of bulk evidence before the trial judge in the courtroom where the criminal charge is pending. The sheriff or seizing law enforcement agency must give notice of the motion requesting destruction of bulk evidence to the prosecutor of the criminal charge and the defense attorney of record. The trial judge will conduct an evidentiary hearing in which all parties will be given the opportunity to present evidence and arguments relating to whether the evidence should be destroyed, whether such destruction will prejudice the prosecution of the criminal case, and whether the destruction of the evidence will prejudice the defense of the criminal charge. The court's determination whether to grant the motion for destruction of bulk evidence must be based upon the totality of all of the circumstances of the case presented at the evidentiary hearing, the effect such destruction would have upon the defendant's constitutional rights, and the prosecutor's ability to proceed with the prosecution of the criminal charge.
(c) The court may, before trial, transfer excess quantities of any substance containing any of the controlled substances enumerated in subsection (a) with respect to a prosecution for any offense enumerated in subsection (a) to the sheriff of the county, or may, in its discretion, transfer such evidence to the Illinois State Police, for destruction after notice is given to the defendant's attorney of record or to the defendant if the defendant is proceeding pro se.
(d) After a judgment of conviction is entered and the charged quantity is no longer needed for evidentiary purposes with respect to a prosecution for any offense enumerated in subsection (a), the court may transfer any substance containing any of the controlled substances enumerated in subsection (a) to the sheriff of the county, or may, in its discretion, transfer such evidence to the Illinois State Police, for destruction after notice is given to the defendant's attorney of record or to the defendant if the defendant is proceeding pro se. No evidence shall be disposed of until 30 days after the judgment is entered, and if a notice of appeal is filed, no evidence shall be disposed of until the mandate has been received by the circuit court from the Appellate Court.
(Source: P.A. 97-334, eff. 1-1-12.)
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720 ILCS 570/Art. VI
(720 ILCS 570/Art. VI heading)
ARTICLE VI
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720 ILCS 570/601
(720 ILCS 570/601) (from Ch. 56 1/2, par. 1601)
Sec. 601.
Prosecution for any violation of law occurring prior to the effective
date of this Act is not affected or abated by this Act. If the offense
being prosecuted would be a violation of this Act, and has not reached the
sentencing stage or final adjudication, then for purposes of penalty the
penalties under this Act apply if they are less than under the prior law
upon which the prosecution was commenced.
(Source: P.A. 77-757.)
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720 ILCS 570/602
(720 ILCS 570/602) (from Ch. 56 1/2, par. 1602)
Sec. 602.
If any provision of this Act or the application thereof to any person or
circumstance is invalid, such invalidation shall not affect other
provisions or applications of the Act which can be given effect without the
invalid provision or application, and to this end the provisions of this
Act are declared to be severable.
(Source: P.A. 77-757.)
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720 ILCS 570/603
(720 ILCS 570/603) (from Ch. 56 1/2, par. 1603)
Sec. 603.
The following Acts and parts of Acts are repealed:
(a) The "Uniform Narcotic Drug Act," approved July | |
(b) The "Drug Abuse Control Act," approved August 17,
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(c) "An Act to amend Sections 2-15, 41 (a) and 43 of,
| | and to add Sections 43.1, 43.2, 43.3, 43.4, 43.5, 43.6 and 43.7 to the "Uniform Drug, Device and Cosmetic Act", approved July 9, 1959, as amended," approved August 11, 1967, as amended.
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(d) "An Act to amend Section 46 of the 'Uniform Drug,
| | Device and Cosmetic Act', approved July 9, 1959, as amended", approved August 18, 1967, as amended.
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(Source: P.A. 77-757.)
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